COMMONWEALTH v. BARBEAU


411 Mass. 782 (1992)

585 N.E.2d 1392

COMMONWEALTH vs. KEVIN R. BARBEAU (and five companion cases).

Supreme Judicial Court of Massachusetts, Berkshire.

February 11, 1992.


Attorney(s) appearing for the Case

Leonard H. Cohen for the defendants.

Paul J. Caccaviello, Assistant District Attorney, for the Commonwealth.

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


LYNCH, J.

Each of the six defendants was separately arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, a violation of G.L.c. 90, § 24 (1990 ed.), following breathalyzer tests which showed their blood alcohol level to be above legal limits. Each defendant filed a motion in limine, seeking to exclude the breathalyzer results unless the Commonwealth could show compliance with 501 Code Mass. Regs. §§ 2...

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