Commonwealth v. Bradley

After a jury trial, the defendant, Lawrence J. Bradley, was convicted of operating a motor vehicle while under the influence of alcohol (OUI). In a separate proceeding after the jury trial, the judge found the defendant guilty of committing a second offense OUI. On appeal, the defendant claims that the judge erred in denying his request to instruct the jurors on the absence of breathalyzer evidence.2 We affirm.

It is well settled in Massachusetts that evidence pertaining to the refusal to consent to breathalyzer testing is inadmissible in a criminal proceeding because such evidence is…