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This week on Monday, 2 March 2026, DISMISSED: In Commonwealth of Massachusetts v. Defendant, Docket No. 1669 CR 1072, Charges of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI, DUI or DWI) against my client were DISMISSED on the day of trial despite recording a breath test of .12 .*
In this matter we filed a Motion to Withdraw Plea and a New Trail pursuant to Commonwealth v. Hallinan, 491 Mass. 730 (SJC 13301) (2023) for this ten (10) year old case. Pursuant to the new court decision in Hallinan if you: “pleaded guilty or who were convicted after trial, and the evidence against whom included breath test results from an Alcotest 9510 device last calibrated and certified prior to April 18, 2019, [you are] entitled to a conclusive presumption of egregious government misconduct.”
What this decision means to you: in most instances the court will vacate your prior judgement and grant you a new trial. In the new trial the breath test will be excluded AND YOU FACE NO ADDITIONAL PENALTY. Often times the Commonwealth is unable to produce a witness for these older cases as a result of the passage of time. Thus, the prior OUI conviction disappears with no risk to the defendant. This becomes especially important to individuals charged with Second or Subsequent Offense Operating a Motor Vehicle While Under the Influence of Alcohol (OUI, DUI or DWI) who are faced with much harsher penalties UNLESS the prior OUI convictions are overturned.
I have been providing Operating Under the Influence (OUI and OUI Drugs, DUI and DWI) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*
Call a Top 10 Massachusetts OUI Attorney Now at: (508) 393-4162.
In this Blog OUI (Operating Under the Influence) and DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) will be used interchangeably as synonymous acronyms for the same crime know colloquially as “drunk driving”. However, in Massachusetts the crime is referred to as Operating Under the Influence (OUI).
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately.