District Court Consolidated "Source Code Cases" Associate
Justice, Mark A. Sullivan (February 3, 2011)  The standards set
forth in 'Daubert' and 'Lanigan' are not applicable to breath
test evidence, which is expressly made admissible by statute.
Any alleged "defects" in the source code of the breath test
instrument do not undermine the scientific reliability of the
device.  The 2100:1 blood-breath ration is scientifically
reliable.  The defendants have been charged with operating under
the influence of alcohol. Each defendant, at the time of arrest,
submitted to a breath test producing a result that the
Commonwealth intends to admit into evidence at trial. The breath
test instrument in the Commonwealth, at this time, is the
Draeger Alcotest 7110. The cases were consolidated by the
District Court Administrative Office. Judge Mark A. Sullivan was
assigned to hear the cases. The defendants filed a collective
Motion In Limine To Exclude Alcotest Results As Scientifically
Unreliable claiming that the source code