Joseph Bernard

About Joseph Bernard

Joseph (Joe) Bernard has been practicing law for over 20 years statewide in Massachusetts. Attorney Bernard was in the District Attorney’s Office for approximately four years and for the last eighteen years has been doing a great deal of criminal defense. He has tried well over four hundred cases throughout Massachusetts. For over twelve years, Attorney Bernard was a member of the CJA panel in Western Massachusetts

Bernard is actively involved in presenting lectures as well as being involved with the Massachusetts Bar Association, MCLE, and other continuing legal education agencies, specifically within the area of driving under the influence. He 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). 

Furthermore, Attorney Bernard became involved with the Melendez-Diaz challenge in Massachusetts. He 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, Attorney Bernard has been challenging trial courts in Massachusetts attempting to get a court order to obtain training on the Draeger 9510. He has had an ongoing dialogue with the Draeger company attempting to convince them that Massachusetts lawyers need and deserve training on this machine. Upon information and belief, this is one of the only pieces of forensic equipment not available for viewing or purchase on the open market.

Now, Attorney Bernard is a lead defense attorney in Commonwealth v. Ananias. He is actively involved in the discovery violations and frequently attends hearings in the Concord District Court. While doing this, Attorney Bernard is able to further his knowledge on the breathalyzers used in his own DUI cases that he represents. Expanding his knowledge on the science behind the breathalyzers is a key aspect of Attorney Bernard’s defense strategy. Attorney Bernard was recently recognized for all of his hard work in Commonwealth v. Ananias and was named Massachusetts Lawyer of the Year in 2017 by Massachusetts Lawyers Weekly.

Practice Areas

  • Cinderella License & Hardship Licenses
  • If you are a first offender, there is specific documentation the RMV will need before they consider granting you a hardship license

  • Driver’s License Restoration
  • If you are found guilty of an OUI, you will have to endure strict penalties, such as the suspension of your license for a period that corresponds to the offense for which you were convicted. After an offense-specific amount of time has passed on your suspension, you may be able to apply for a hardship license

  • Field Sobriety Tests
  • An experienced OUI lawyer can help you challenge an OUI charge that resulted from a field sobriety test. There are many factors that could contribute to the unreliability of your field sobriety test

  • BAC Impairment
  • One of the most important things to understand about OUI arrests is that field sobriety tests and chemical tests are not foolproof. Although chemical tests may give a concrete number to an individual’s blood alcohol concentration (BAC) level, that number does not directly correlate with an individual’s level of intoxication or impairment

  • DUI Checkpoints
  • If you were charged with operating under the influence and cited for an OUI, you may have been stopped at a roadblock. These drunk­driving checkpoints happen throughout the year on major roadways and intersections

  • Breath & Blood Tests
  • In the Commonwealth of Massachusetts, you will be charged with operating under the influence if your BAC is .08 percent or greater while being above the age of 21.

  • IIDs
  • Any driver who was convicted of a second or subsequent OUI offense and is currently eligible for a hardship license or reinstatement of license is required to have an ignition interlock device installed in any vehicle that he or she drives

Awards

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4137319995


Belchertown, Massachusetts

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