The Massachusetts Supreme Judicial Court's ruling in Commonwealth v. Lindsay A. Hallinan has created a unique opportunity for individuals convicted of Operating Under the Influence (OUI) based on unreliable breathalyzer evidence. This decision affects cases from 2011 to 2019 and opens the door for vacating convictions and seeking new trials. If you admitted to a breath test during this time, here’s what you need to know about how the ruling can impact your case and license.
No Downside to Seeking a New Trial
The Hallinan decision provides further motivation for those considering a motion for a new trial. The court held that the Registry of Motor Vehicles (RMV) must credit any license suspension time already served if there is a conviction after the case is reopened. This ensures there is no risk of additional penalties for challenging a prior conviction.
Factors to Consider When Filing for a New Trial
When reopening a case, several important factors come into play:
Availability of the Commonwealth’s Witnesses For a case to proceed, the Commonwealth’s witnesses must still be available and willing to testify. As cases age, it becomes more difficult to locate witnesses, and their memories may have faded. This can weaken the strength of the prosecution’s case.
Burden of Proof Still Rests on the Commonwealth Even if your case is reopened, the prosecution must prove your guilt beyond a reasonable doubt. With older cases, the evidence may no longer be as strong or detailed, giving you an advantage in your defense.
Why You Need an Experienced OUI Lawyer
Navigating the complexities of motions for new trials and understanding the implications of the Hallinan decision requires expert legal assistance. Get an attorney who is well-versed in Massachusetts OUI laws and has the experience needed to guide you through the process.
Review your past conviction to assess its eligibility for reopening.
Build a strong defense if your case is retried.
Help reduce license suspension times by vacating old convictions.
Comments