Office of Alcohol Testing accused of intentionally withholding documents for OUI cases

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SPRINGFIELD, Mass. (WWLP) – The Office of Alcohol Testing is under fire after investigators from the Office of Public Safety determined they intentionally withheld documents from attorneys defending OUI cases.

The 22News I-Team obtained a copy of the report from the Office of Public Safety. It accuses the office of making “serious errors in judgment,” that could now cause thousands of drunk driving convictions to get thrown out.

Springfield Attorney Joseph Bernard told 22News the investigation found that the Office of Alcohol Testing withheld documents that could have been critical evidence in court cases, including documents that showed breathalyzers were not properly calibrated. “There was a conscious effort not to provide us with documents, there was conscious effort to deceive, and a conscious effort to not cooperate with a judge’s order.”

We first spoke to Attorney Joseph Bernard back in February, when he accused the office of withholding 400 critical documents. He believes this new report proves it. “What they found was a culture of dysfunction, and that had an enormous impact on this hearing that challenged the reliability of the machine.”

Attorney Bernard said he filed a motion to dismiss all affected OUI cases. He also said this could impact more than 60,000 cases across Massachusetts.

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