Commonwealth v. King

The defendant was charged with driving while under the influence of alcohol. He moved to dismiss the charge, alleging a violation of his right to an independent medical examination under G. L. c. 263, § 5A. The motion judge granted the motion. The Commonwealth appealed. We transferred the case here on our own motion and now remand for further proceedings consistent with this opinion.

I

Shortly after midnight, a State trooper saw the defendant driving erratically and, after following him for a while, stopped him. While speaking with the defendant, the trooper noticed that his speech was slurred…