COMMONWEALTH v. LINDNER


395 Mass. 144 (1985)

478 N.E.2d 1267

COMMONWEALTH vs. KEITH C. LINDNER.

Supreme Judicial Court of Massachusetts, Hampden.

June 11, 1985.


Attorney(s) appearing for the Case

Michael J. Chieco, Assistant District Attorney, for the Commonwealth.

Thomas A. Waldron for the defendant.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


HENNESSEY, C.J.

This appeal involves an interpretation of G.L.c. 263, § 5A (1984 ed.), a statute which requires the police to afford to an individual, charged with driving while under the influence of intoxicating liquor, "a reasonable opportunity" to be examined immediately by a physician of his own selection. We conclude that, in the circumstances here, the police have fulfilled their statutory responsibility, and...

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