Commonwealth v. Mencoboni

The defendant was arrested for operating a motor vehicle while under the influence of intoxicating liquor. He was taken to the Hopkinton police station at approximately 12:30 a.m. At approximately 12:45 a.m., the defendant was permitted to telephone his attorney. A police officer asked the attorney over the telephone if the defendant was going to take a breathalyzer test. The attorney answered that he was not sure but that the police should “start warming it up.” The attorney arrived at the police station at approximately 1:00 a.m. Upon his arrival, the attorney asked to speak privately with…