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LUK v. COMMONWEALTH

421 Mass. 415 (1995)

ANNE W. LUK vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

November 27, 1995.

Attorney(s) appearing for the Case

George F. Gormley (John D. Colucci with him) for the plaintiff.

David E. Edmonds, Assistant District Attorney, for the Commonwealth.

Scott Harshbarger, Attorney General, & Gail M. McKenna, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

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

ABRAMS, J.

Anne W. Luk's driver's license was suspended for 180 days because she refused to take a breathalyzer test.1 The Commonwealth also charged her with operating a motor vehicle while under the influence of intoxicating liquor (OUI). See G.L.c. 90, § 24 (1) (a) (1) (1994 ed.). Luk moved to dismiss the OUI complaint asserting that to prosecute her on that complaint would violate the prohibition against double jeopardy...

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