Erkan & Sullivan Urges Massachusetts Drivers With 2011-2019 OUI (DUI) Cases to Seek Legal Review

Erkan & Sullivan, a criminal defense firm based in Andover, Massachusetts, is encouraging individuals whose OUI (operating under the influence) cases involved Draeger Alcotest 9510 breath test results between June 1, 2011, and April 18, 2019, to pursue individual legal review of their cases.

The firm's announcement follows the April 2023 Massachusetts Supreme Judicial Court decision in Commonwealth v. Hallinan, 491 Mass. 730 (2023), which established a framework for defendants to challenge convictions and guilty pleas in cases where the breath test evidence was tainted by misconduct within the Massachusetts State Police Office of Alcohol Testing. Under the ruling, affected defendants may receive a presumption of egregious government misconduct when seeking post-conviction relief, and the breath test results cannot be used in subsequent trials.

The case that prompted the ruling involved Lindsay Hallinan, who accepted sufficient facts to an OUI charge in 2013 after an Alcotest 9510 showed a blood alcohol concentration of 0.23%. Partner Murat Erkan represented Hallinan through post-conviction proceedings and appeal, ultimately securing the favorable ruling. The firm notes that relief is not automatic and depends on individual case facts, but that individuals who pleaded guilty, accepted a continuance without finding, or were convicted based on affected breath test evidence may have grounds to challenge their dispositions. The firm is offering case evaluations to interested individuals.

This is a curated brief from the PlaintiffWire news desk. Read the original report at Law Firm Newswire.