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COMMONWEALTH v. LIVERS

420 Mass. 556 (1995)

COMMONWEALTH vs. MARY E. LIVERS (and a consolidated case).

Supreme Judicial Court of Massachusetts, Plymouth.

June 14, 1995.

Attorney(s) appearing for the Case

Mary E. Mullaney, Assistant District Attorney, for the Commonwealth.

Frederick Zimonja for Manuel S. Marcelino.

J. Michael Shanley for Mary E. Livers.

Present: LIACOS, C.J., WILKINS, ABRAMS, & O'CONNOR, JJ.

WILKINS, J.

Each defendant, charged with operating a motor vehicle while under the influence of alcohol, was successful in persuading a judge in the jury session of the Hingham District Court to allow a motion to suppress breathalyzer test results. The breathalyzer tests were conducted, respectively, in March and July, 1991. In September, 1992, in separate rulings, the same motion judge concluded that, although the breath...

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