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COMMONWEALTH v. BAUER

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455 Mass. 497 (2009)

COMMONWEALTH v. DENNIS R. BAUER.

Supreme Judicial Court of Massachusetts, Middlesex.

December 21, 2009.

Attorney(s) appearing for the Case

James A. Reidy (Joseph P. Cataldo with him) for the defendant.

Melissa Weisgold Johnsen, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

Following his arrest for operating a motor vehicle while under the influence of intoxicating liquor (OUI), in violation of G. L. c. 90, § 24(1) (a) (1),1 Dennis R. Bauer refused to submit to an analysis of his breath. Because he had thrice before been convicted of OUI, his refusal resulted in the suspension of his license to operate motor vehicles for life, pursuant to G. L. c. 90, § 24(1) (f) (1)....

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