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COMMONWEALTH v. O'BRIEN

434 Mass. 615 (2001)

COMMONWEALTH v. DAVID J. O'BRIEN.

Supreme Judicial Court of Massachusetts, Plymouth.

July 13, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Beckerman, Assistant District Attorney, for the Commonwealth.

William J. Phelan for the defendant.

Present: MARSHALL, C.J., GREANEY, SPINA, SOSMAN, & CORDY, JJ.

SOSMAN, J.

A judge in the District Court allowed the defendant's motion to dismiss the charge of operating a motor vehicle while under the influence of liquor (second offense). The judge concluded that the defendant's right to an independent medical examination (G. L. c. 263, § 5A) had been impeded by the police when they held him in protective custody without adhering to all of the requirements of the protective custody statute (G. L. c. 111B, § 8). The...

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