Commonwealth v. Lindner

This appeal involves an interpretation of G. L. c. 263, § 5A (1984 ed.), a statute which requires the police to afford to an individual, charged with driving while under the influence of intoxicating liquor, “a reasonable opportunity” to be examined immediately by a physician of his own selection. We conclude that, in the circumstances here, the police have fulfilled their statutory responsibility, and thus that the defendant’s motion to suppress the results of his breathalyzer test should have been denied.

The testimony at the hearing on the motion to suppress is summarized as follows. Keith…