COMMONWEALTH v. SABOURIN

No. 98-P-2004.

48 Mass. App. Ct. 505 (2000)

COMMONWEALTH v. DAVID F. SABOURIN.

Court of Appeals of Massachusetts, Hampden.

January 28, 2000.


Attorney(s) appearing for the Case

Bethany C. Lowe, Assistant District Attorney, for the Commonwealth.

Leonard B. Conway for the defendant.

Present: ARMSTRONG, SMITH, & BROWN, JJ.


SMITH, J.

On or about August 6, 1997, a two-count complaint issued from the Springfield Division of the District Court Department charging the defendant with a marked lane violation, and operating a motor vehicle while under the influence of liquor.

Prior to trial, the defendant filed a motion to suppress the results of a breathalyzer test on the ground that he did not consent to taking the test. A District Court judge allowed the motion. The Commonwealth...

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