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WORCESTER Prosecutors in several jurisdictions across the state, including on Cape Cod, are halting the use of breath test evidence following fresh concerns raised about the machines and their stewardship.
The concerns, which appear to surround disclosure that some police officers conducted tests with expired Breathalyzer certifications, come just months after notices began going out to 27,000 people statewide regarding eight years’ worth of tests invalidated for a separate calibration issue.
“The issue involves an allegation of the certification of some of the Breathalyzer operators,” said Cape and Islands District Attorney Michael O’Keefe on Wednesday. “That is the issue that I’ve been dealing with in terms of how that impacts the appropriateness of introducing Breathalyzer evidence.”
Massachusetts prosecutors halt use of Breathalyzer results after issues raised again
WORCESTER Prosecutors in Worcester and several other jurisdictions across the state are halting the use of breath test evidence following fresh concerns raised about the machines and their stewardship.
“Our office, along with several other District Attorney’s offices across the state, will continue to temporarily suspend the use of Breathalyzer evidence in court proceedings,” Worcester DA Joseph D. Early Jr. confirmed to the Telegram & Gazette Tuesday.
A list of offices suspending use of evidence was not immediately available from the Massachusetts District Attorneys Association, but two defense lawyers who raised the concerns said they believe most DAs have done so.