, a court found that it produced “scientifically reliable BAC results” but also that “the annual calibration and certification methodology employed by OAT from June 2011 to September 14, 2014 did not produce scientifically reliable BAC results.”
Subsequently, a woman who had pleaded guilty to the offense back in 2013 sought to withdraw her plea over those findings. As a result of the two cases and , some 27,000 defendants are free to request a new trial or to withdraw their own guilty plea. That figure includes all who were tested with the Alcotest 9510 between June 1, 2011 and April 18, 2019.The court found that OAT had “a history of intentional withholding of exculpatory evidence… blatant disregard of court orders, and other misconduct.” That misconduct included violating discovery orders by not producing repair records or other exculpatory evidence.
Directly, the court said that “the extensive nature of OAT’s misconduct, and the inability of the defendants in the consolidated cases challenging there [sic] liability of the Alcotest 9510 device have resulted in the violation of the right to due process for approximately 27,000 defendants.
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