Breathalyzers Test Results Ruled Inadmissible Pending Reforms

In a ruling certain to affect thousands of cases, District Court Judge Robert Brenna has ruled that no Breathalyzer tests administered in Massachusetts can be used in Court until the state’s Office of Alcohol Testing (OAT) undergoes major reforms. Judge Brennan further held that OAT must prove that its results are accurate. The reforms required by the Court include the providing of additional training for staff and instituting rule for complying with discovery requests by defense attorneys. The discovery compliance rules must be similar to those followed by the state police’s crime management unit. Judge Brenan’s ruling is based in
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Malicious Destruction of Property

The crime of Malicious Destruction of Property is the willful injury to or destruction of the personal property of another person. In Massachusetts, the willful and malicious destruction of property is considered a felony crime. It is distinguished from wanton destruction of property which is a misdemeanor offense. Massachusetts General Laws Chapter 266, Section 127, provides punishment for the crime of Malicious Destruction of Property by imprisonment in the House of Corrections for up to 2.5 years, or state prison for up to 10 years. In order to prove the crime of Malicious Destruction of Property, the prosecutor is required
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