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COMMONWEALTH v. MENCOBONI

No. 89-P-1075.

28 Mass. App. Ct. 504 (1990)

552 N.E.2d 589

COMMONWEALTH vs. LEO J. MENCOBONI, JR.

Appeals Court of Massachusetts, Middlesex.

April 13, 1990.

Attorney(s) appearing for the Case

David R. Marks, Assistant District Attorney, for the Commonwealth.

Fredric L. Ellis for the defendant.

Present: BROWN, FINE, & JACOBS, JJ.

FINE, J.

The defendant was arrested for operating a motor vehicle while under the influence of intoxicating liquor. He was taken to the Hopkinton police station at approximately 12:30 A.M. At approximately 12:45 A.M., the defendant was permitted to telephone his attorney. A police officer asked the attorney over the telephone if the defendant was going to take a breathalyzer test. The attorney answered that he was not sure but that the police should "start warming...

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