Joe Bernard

Firm Overview

My name is Joe Bernard. I have practiced in Hampden County, Springfield Massachusetts for over 20 years and reside in Belchertown, Massachusetts. I was in the District Attorney's Office for approximately four years and for the last eighteen years have been doing a great deal of criminal defense. I've tried well over three hundred cases in the Hampden, Hampshire, and Franklin County Superior Courts, as well as district courts across western Massachusetts. For over twelve years I was a member of the CJA panel here in western Massachusetts.

As of late, I have focused almost exclusively on representing individuals charged with driving related offenses. I have always had an interest in the area of the area of the law and in 2012 I attended and successfully completed the certification process from the National Highway Traffic Administration (NHTSA) to administer standardized field sobriety tests.

I regularly lecture and have have been actively involved with the Massachusetts Bar Association, MCLE and other continuing legal education agencies, specifically within the area of driving under the influence. I also co-wrote a chapter concerning trial preparation for the 2007 edition of Trying OUI Cases in Massachusetts, published by Massachusetts Continuing Legal Education, Inc. (MCLE).

Recently, I became involved with the Melendez Diaz challenge in Massachusetts. I represented a woman in the Appeals Court (79 Mass. App. Ct. 1129 (2011) which was one of a group of cases decided by the Supreme Judicial Court within Commonwealth v. Zeinnger 459 Mass. 775.

More recently, over the last 2 1/2 years I have been challenging trial courts in western Massachusetts attempting to get a court order to obtain training on the Draeger 9510. I have had an ongoing dialogue with the Draeger company attempting to convince them that Massachusetts lawyers need and deserve training on this machine. As far as I know this is one of the only pieces of forensic equipment not available for viewing or purchase on the open market.

Finally, several judges in western Massachusetts agreed with my request and have issued an order to provide training for myself as an expert on the machine. This order was served upon the Office of Alcohol Testing and the state police. Subsequently, the Commonwealth appealed and challenged the order before the Supreme Judicial Court. In July 2015 the Supreme Judicial Court of Massachusetts agreed and in Commonwealth v. Nunes ordered that Massachusetts lawyers and their experts receive training on the Draeger 9510.

I am one of the five lead lawyers in Commonwealth v. Evando Ananias et al. which is further exploring the Nunes decision and carving out new territory allowing attorneys to be able to better defend their clients in similar matters where a breath test was used.
Main Office
Main Office
One Monarch Place
Suite 1100
Springfield  MA  01144
Phone
  • (413) 713-9995
Fax
  • (413) 730-6647
Websites
Traffic Tickets
License Reinstatement
What can I expect at a RMV hearing?

A hearing at the Registry of Motor Vehicles (RMV) may be necessary for a number of reasons. Maybe you need to schedule a hearing to address a Chemical Test Refusal. You could need to apply for a hardship license or to get your license reinstated after being convicted of an OUI. It is ideal to enlist the representation of Attorney Joseph Bernard to handle these hearings and represent your best interests on such matters.

If you refused to take a breath or blood test after being stopped on suspicion of operating under the influence, you must challenge the suspension of your license within fifteen days of your Chemical Test Refusal (CTR). CTR hearings are only conducted at the Boston branch of the RMV .

You can only challenge your suspension based on three issues.

The law enforcement officer did not have sufficient grounds for your OUI arrest.
You were not under arrest when you refused the test.
You did not refuse the breathalyzer test.
Your suspension will only be rescinded if you can effectively prove that one of these situations occurred during the incident. To determine whether or not your license can be reinstated after suspension for an OUI conviction or if you will be granted a hardship license, the RMV will consider many things, including your driving record and any prior offenses.
Attorney Joseph Bernard: A Strong Legal Advocate to Represent Your Case

Your case may hinge on technicalities and you could be offered only limited options at your hearing. An effective attorney who understands the complexities of the law can ensure that your rights are protected and that you are given the best possible alternatives. Attorney Bernard has guided countless clients through the often complicated legal process of restoring licenses and rescinding license suspensions after Chemical Test Refusals, and may be able to represent you as well.

Joe Bernard

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