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COMMONWEALTH v. CURTIS

No. 99-P-2051.

53 Mass. App. Ct. 636 (2002)

COMMONWEALTH v. WILLIAM G. CURTIS, JR.

Court of Appeals of Massachusetts, Plymouth.

January 24, 2002.

Attorney(s) appearing for the Case

Bridget Norton Middleton, Assistant District Attorney, for the Commonwealth.

Marshall E. Johnson for the defendant.

Present: LENK, KAPLAN, & DOERFER, JJ.

LENK, J.

During a jury trial on a principal charge of operating a motor vehicle while under the influence of alcohol,1 the trial judge declared a mistrial "with prejudice" and ordered that no retrial take place. The judge did so after the Commonwealth's first witness, the arresting officer, impermissibly testified that a breathalyzer had been offered to the defendant after his arrest. The propriety of the declaration of a mistrial is not...

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