Commonwealth v. Dolliver

After a six-person jury trial in District Court, Richard Dolliver was convicted of operating a motor vehicle while under the influence of intoxicating liquor in violation of *279G. L. c. 90, § 24. On appeal, he claims that (1) the prosecutor’s peremptory challenge of the only male juror deprived him of his right under art. 12 of the Massachusetts Declaration of Rights to be tried by an impartial jury and (2) the judge improperly failed to instruct the jury they could disregard the results of the defendant’s breathalyzer test if they believed the test may have been inaccurate because it was…