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COMMONWEALTH v. FALCO.

No. 95-P-1829.

43 Mass. App. Ct. 253 (1997)

COMMONWEALTH v. MICHAEL FALCO.

Court of Appeals of Massachusetts, Berkshire.

July 30, 1997.

Attorney(s) appearing for the Case

Eric Neyman, Assistant District Attorney, for the Commonwealth.

Lori H. Levinson for the defendant.

Present: PERRETTA, LAURENCE, & LENK, JJ.

LENK, J.

The Commonwealth appeals from the allowance of the defendant's motion to dismiss the complaint charging him with operating while under the influence of intoxicating liquor, second offense (OUI), G. L. c. 90, § 24. After an evidentiary hearing, the motion judge determined that the failure of the clerk-magistrate to conduct a prompt bail hearing upon learning that the defendant had refused a breathalyzer test deprived the defendant of the opportunity to...

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