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MORRIS v. COMMONWEALTH

412 Mass. 861 (1992)

593 N.E.2d 241

KEVIN A. MORRIS vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

June 16, 1992.

Attorney(s) appearing for the Case

Peter K. Binder (Nancy M. Binder with him) for Kevin A. Morris.

Michael E. Donnelly, Assistant Attorney General, for the Commonwealth.

Scott Harshbarger, Attorney General, & Stanley E. Adelman, Special Assistant Attorney General, for the Secretary of Public Safety, amicus curiae, submitted a brief.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.

ABRAMS, J.

Kevin A. Morris (defendant) was arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, and speeding. At the time of his booking, he submitted to a breathalyzer test which produced a reading of 0.14. At arraignment, the Commonwealth moved to suspend his driver's license under G.L.c. 90, § 24N (1990 ed.).1 The defendant moved for a...

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