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LEDUC v. COMMONWEALTH

421 Mass. 433 (1995)

JOHN LEDUC vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

November 27, 1995.

Attorney(s) appearing for the Case

James B. Krasnoo for the plaintiff.

S. Jane Haggerty, 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.

John Leduc's driver's license was suspended for ninety days because he failed the breathalyzer test required by G.L.c. 90, § 24 (1) (f) (2) (1994 ed.).1 In addition, the Commonwealth charged Leduc with operating a motor vehicle while under the influence of intoxicating liquor (OUI) in violation of G.L.c. 90, § 24 (1) (a) (1) (1994 ed.). Leduc moved to dismiss...

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