Commonwealth v. Lively

Having been convicted by a jury of six of operating a motor vehicle while under the influence of intoxicating liquor, the defendant appeals, arguing that his motion to dismiss the complaint or suppress breathalyzer *971evidence should have been allowed. He alleges that the police interfered with his right to be examined by a physician pursuant to G. L. c. 263, § 5A; that he was not advised of the consequences of a breathalyzer test administered under G. L. c. 90, § 24N; and, that the breathalyzer operator was not properly certified.

Except as noted, the facts are not in dispute. Approximately…