COMMONWEALTH v. PERACHIO

No. 03-P-144.

61 Mass. App. Ct. 591 (2004)

COMMONWEALTH v. JEFFREY A. PERACHIO.

Appeals Court of Massachusetts, Berkshire.

August 11, 2004.


Attorney(s) appearing for the Case

Joseph A. Pieropan, Assistant District Attorney, for the Commonwealth.

Alan Jay Black for the defendant.

Present: CYPHER, KANTROWITZ, & BERRY, JJ.


KANTROWITZ, J.

Did a police officer's observations of the defendant's intoxication, made seventy-two minutes before the officer encountered the defendant while he was operating a motor vehicle, provide the officer sufficient reasonable suspicion to request that the defendant perform field sobriety tests? In the circumstances of this case, yes.

The defendant, Jeffrey A. Perachio, was charged with operating a motor vehicle while under the influence of alcohol...

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