calibration test (Massachusetts) · Go Syfert
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calibration test in Massachusetts

5 Massachusetts opinions name it 2 courts 2009–2015 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Morris v. Commonwealthgreen
mass · 1992 · cited in 2 Massachusetts opinions naming this issue, 2009–2015
2 sentences

2015L. c. 90, § 24K, requires that a “ ‘calibration standard analysis [ ]’ be performed” prior to the administration of a breathalyzer test “in order for [the] test to be valid.” Morris v. Commonwealth, 412 Mass. 861 , 863 n.3 (1992).

2009See, e.g., Commonwealth v. Whynaught, 377 Mass. 14, 17-19 (1979) (discussing the need for testing to lay a foundation for admission of speed radar results); Morris v. Commonwealth, 412 Mass. 861, 866-867 (1992) (regulation requiring the testing of a breathalyzer before each use adequate to insure rehable results); Commonwealth v. Torres, 453 Mass. 722, 737-738 (2009) (no abuse of discretion to admit a distance obtained by using a device calibrated by measuring a known distance).

12
Commonwealth v. Cochrangreen
massappct · 1988 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015See Commonwealth v. Cochran, 25 Mass. App. Ct. 260, 263-264 (1988).

11
Bottomley v. Division of Administrative Law Appealsgreen
massappct · 1986 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See Bottomley v. Division of Administrative Law Appeals, 22 Mass. App. Ct. at 657 (“Where reasonably possible, no portion of the language of a regulation should be treated as surplusage”).

11
Commonwealth v. Torresgreen
mass · 2009 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009See, e.g., Commonwealth v. Whynaught, 377 Mass. 14, 17-19 (1979) (discussing the need for testing to lay a foundation for admission of speed radar results); Morris v. Commonwealth, 412 Mass. 861, 866-867 (1992) (regulation requiring the testing of a breathalyzer before each use adequate to insure rehable results); Commonwealth v. Torres, 453 Mass. 722, 737-738 (2009) (no abuse of discretion to admit a distance obtained by using a device calibrated by measuring a known distance).

11
Commonwealth v. Whynaughtgreen
mass · 1979 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009See, e.g., Commonwealth v. Whynaught, 377 Mass. 14, 17-19 (1979) (discussing the need for testing to lay a foundation for admission of speed radar results); Morris v. Commonwealth, 412 Mass. 861, 866-867 (1992) (regulation requiring the testing of a breathalyzer before each use adequate to insure rehable results); Commonwealth v. Torres, 453 Mass. 722, 737-738 (2009) (no abuse of discretion to admit a distance obtained by using a device calibrated by measuring a known distance).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Commonwealth v. Steele green
mass · 2009
1 sentence

2011The two-part procedure used to obtain a defendant’s blood alcohol level, including the calibration analysis, “pertains to the validity of the breathalyzer test and does not speak of evidentiary value.” Steele, 455 Mass. at 213 .

12011–2011

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 90, § 24 (4) MA § Mass. Gen. Laws ch. 90, § 24K (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 6 (1983–2004) MA 5 (2009–2015) OH 4 (1990–2008) CA 3 (2002–2010) AL 2 (1986–2003)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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