Commonwealth v. Eckert

The defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of G. L. c. 90, § 24. A District Court judge allowed the defendant’s motion to suppress the results of field sobriety tests administered by the arresting officer. A single justice of this *592court granted the Commonwealth leave to appeal from the allowance of the motion and reported the matter to the Appeals Court. See Mass. R. Crim. P. 15 (b) (2), 378 Mass. 882 (1979). We transferred the appeal here on our own motion. We conclude that the motion judge erred in requiring a…