Members of the Criminal Justice Section. Below is an e-mail sent by President Judge Neifield that was sent to all Municipal Court judges. All cases involving the breathalyzers with calibration problems will be handled by President Judge Neifeld, which will help create consistency with the process of dealing with all the cases involved. I hope the information below is helpful.
THIS E-MAIL IS BEING SENT ON BEHALF OF PRESIDENT JUDGE MARSHA H. NEIFIELD
As you are all aware, the problems with the calibration of the breathalyzers is an area of concern which must be addressed.
The only way we can administratively handle the volume, prioritize the cases, address custody issues, license suspensions and handle any retrials, is by consolidating all of these matters. It is my intention to address all the concerns myself, which would include cases at all stages in the proceedings, including your deferred sentence matters.
PLEASE do not sign any Orders granting new trials or any other requests relating to this problem. Direct counsel to time-stamp any motions and send a copy to my office. At the moment, I expect there to be little opposition by the Commonwealth, but handling individual concerns with each Judge could be totally chaotic.
I appreciate your cooperation. Please call me if you want to discuss this further.