Commonwealth v. Brooks

This case brings before us exceptions taken to the admission of breathalyzer test results in a prosecution resulting in the conviction of the defendant for operating a motor vehicle while under the influence of intoxicating liquor (under the influence). G. L. c. 90, § 24 (1) (a). At the trial de nova in the Superior Court, evidence was admitted over the defendant’s objection showing the results of a breathalyzer test which had been taken with the defendant’s consent at the time of his arrest. He now seeks a new trial, alleging that it was error to permit the jury to receive and consider the…