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OUI appeal: defense argues breathalyzer result was dispositive and raised Hallinan standard for withdrawing plea
2473159 · March 3, 2025
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Summary
Appellant said an inadmissible breath test induced a guilty plea in an OUI case; Commonwealth urged deference to motion judge and highlighted other incriminating evidence.
In Commonwealth v. Griswold the panel considered whether an allegedly inadmissible breathalyzer result induced the defendant to plead guilty to operating under the influence of liquor (OUI) second, and whether that would justify granting a new trial or withdrawing the plea under the Hallinan standard.
Defense counsel (Mr. Zendroski) argued the 0.20 breathalyzer result was the ‘‘crown jewel’’…
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