Morris v. Commonwealth

Kevin A. Morris (defendant) was arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, and speeding. At the time of his booking, he submitted to a breathalyzer test which produced a reading of 0.14. At arraignment, the Commonwealth moved to suspend his driver’s license under G. L. c. 90, § 24N (1990 ed.). The defendant moved for a hearing to determine whether the Commonwealth had complied with the requirements of the periodic testing program for breathalyzer machines set forth in G. L. c. 90, § 24K (1990 ed.), and the regulations promulgated…