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COMMONWEALTH v. ROSEWARNE

410 Mass. 53 (1991)

571 N.E.2d 354

COMMONWEALTH vs. DAVID K. ROSEWARNE.

Supreme Judicial Court of Massachusetts, Franklin.

May 8, 1991.

Attorney(s) appearing for the Case

Ariane D. Vuono, Assistant District Attorney, for the Commonwealth.

John J. Stobierski for the defendant.

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

ABRAMS, J.

The Commonwealth appeals from the dismissal of a complaint, see Mass. R. Crim. P. 13 (c) and 15 (a) (1), 378 Mass. 872, 882 (1979), charging David K. Rosewarne with operating a motor vehicle while under the influence of intoxicating liquor. The judge allowed the defendant's motion to dismiss "for failure to give the [d]efendant a reasonable opportunity to exercise his statutory rights" to obtain an independent test of his blood alcohol level. See G.L.c...

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