LIACOS, C.J.
A judge of the District Court sitting in the jury-of-six session reported the following two questions to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979): "(1) Whether it is a violation of statutory or [c]onstitutional rights for an individual who is arrested ... for operating under the influence of alcohol when courts are not in session to be denied access to a bail commissioner and held over night; and (2) [i]f so, is the proper...
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