Please be advised that prior to consolidation there were two litigations going on simultaneously with regards to the unreliability of the Draeger 9510 breath test machine. Our Supreme Judicial Court has combined the two cases into one, with all the cases to be heard in Concord, Massachusetts with Judge Brennan presiding. The separate defense teams working on the two consolidations have also merged. We have since continued to litigate any and all additional issues surrounding the protective orders and the production of the actual breath test machines themselves, necessary peripherals, and the source code for our experts to evaluate the machines and their code.
Our expert is in receipt of the bulk of the necessary materials and has started work as of August 8, 2016 on conducting the examinations. Per court order, our expert is allowed to be in possession of the breath test machines, peripherals, and the source code for 60 days to conduct the testing.
While this testing is ongoing, we are working with a series of other experts who specialize in additional aspects of the administration of breath tests, the maintenance of the breath test machines and laboratory standards, and the biological effects of alcohol in the body and lungs.
In terms of the schedule going forward, the scheduling order from the court requires defense expert reports to be filed by mid-October, with the defense motion for a Daubert/Lanigan hearing to be filed by October 28th. This provides the Commonwealth with a few weeks to submit any reply briefs and memorandums. November 16th is scheduled as a preliminary hearing on determining the scope of the Daubert/Lanigan (DL) hearing, and the actual DL hearing is scheduled for November 29-December 1, 2016.