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COMMONWEALTH v. PIERRE

No. 07-P-901.

72 Mass. App. Ct. 230 (2008)

COMMONWEALTH v. RALPH PIERRE.

Appeals Court of Massachusetts, Hampden.

July 17, 2008.

Attorney(s) appearing for the Case

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

Barry Auskern for the defendant.

Present: LENK, GELINAS, & FECTEAU, JJ.

FECTEAU, J.

The Commonwealth filed this interlocutory appeal of a District Court judge's allowance of the defendant's motion to suppress the results of a breathalyzer test1 for a violation of 501 Code Mass. Regs. § 2.55 (2004). The judge below found that the breathalyzer test operator failed to conduct pretest observation of the defendant for fifteen minutes at the testing location...

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