Commonwealth v. Pierre

The Commonwealth filed this interlocutory appeal of a District Court judge’s allowance of the defendant’s motion *231to suppress the results of a breathalyzer test1 for a violation of 501 Code Mass. Regs. § 2.55 (2004). The judge below found that the breathalyzer test operator failed to conduct pretest observation of the defendant for fifteen minutes at the testing location, where the defendant was advised of his rights and consented to the test. While we do not agree with the judge’s narrow interpretation of the above regulation, we affirm the order of suppression on the facts of this case.

The…