COMMONWEALTH v. COLTURI


448 Mass. 809 (2007)

COMMONWEALTH vs. ANNE E. COLTURI.

Supreme Judicial Court of Massachusetts, Franklin.

April 19, 2007.


Attorney(s) appearing for the Case

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Stephen B. Monsein for the defendant.

Timothy J. Cruz, District Attorney, & Robert C. Thompson, Assistant District Attorney, for District Attorney for the Plymouth District, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Spina, Cowin, & Cordy, JJ.


CORDY, J.

The question presented in this case is whether, or on what conditions, the result of a breathalyzer test is admissible in a criminal trial on a charge of operating a motor vehicle while under the influence of intoxicating liquor (OUI), in violation of G. L. c. 90, § 24 (1) (a) (1), as amended through St. 2003, c. 28, § 1 (OUI statute).

As a consequence of amendments to the OUI statute enacted...

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