Commonwealth v. Priestley

We transferred this case here on our own motion to decide the claim by the defendant, Richard A. Priestley, that his motion to dismiss the complaint charging him with operating a motor vehicle while under the influence of intoxicating liquor, G. L. c. 94, § 24 (1992 ed.), should have been allowed. The motion was based on the assertion that the police had denied the defendant the right to be considered for bail in a timely fashion thereby preventing him from ob*679taining an independent medical examination pursuant to G. L. c. 263, § 5A (1992 ed.).1 The defendant now indicates that he would have…