Commonwealth v. Rumery

The defendant, Russell Rumery, was convicted of operating a motor vehicle while under the influence of alcohol, G. L. c. 90, § 24. On appeal, he argues that the judge committed reversible error by (1) allowing two breath test readings from the implied consent form in evidence; and (2) denying the *686defendant’s request for an instruction on “margin of error.”1 We affirm.

On April 5, 2006, a patrol officer stopped the defendant on Route 2 in Erving after initially noticing that the defendant’s vehicle had a loud, defective exhaust. While looking for a safe place to pull the vehicle over, the…