Commonwealth v. Cochran

Among the items of evidence placed before the jury of six which convicted William Cochran of driving under the influence of intoxicating liquor (G. L. c. 90, § 24[1] [a][l]), were the results of a breathalyzer test which placed Cochran at the outer limits of drunkenness. Cochran’s primary contention on appeal is that the breathalyzer test results should not have been received in evidence because, demonstrably, the test device was malfunctioning. We think the point is a sound one and reverse the conviction.

These are the facts the jury could have found. On March 10, 1986, the defendant,…