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COMMONWEALTH v. KING

429 Mass. 169 (1999)

COMMONWEALTH v. TYSON KING.

Supreme Judicial Court of Massachusetts, Berkshire.

March 4, 1999.

Attorney(s) appearing for the Case

Christopher J. Walsh, Assistant District Attorney, for the Commonwealth.

Robert J. Carnes for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

FRIED, J.

The defendant was charged with driving while under the influence of alcohol. He moved to dismiss the charge, alleging a violation of his right to an independent medical examination under G. L. c. 263, § 5A. The motion judge granted the motion. The Commonwealth appealed. We transferred the case here on our own motion and now remand for further proceedings consistent with this opinion.

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