Commonwealth v. McNelley

On July 26, 1988, a complaint was issued in the District Court charging the defendant with operating a motor vehicle while under the influence of intoxicating liquor. On October 7, 1988, the case was entered in the Lowell jury-of-six session. On December 21, 1988, the defendant moved to suppress his statements to the arresting officer. His motion was based on two grounds; namely, he was not given Miranda warnings and the statements were involuntary because he was intoxicated. The judge denied the motion after a hearing.

At the trial, the defendant conceded that he was intoxicated at the time…