Commonwealth v. O'Brien

A judge in the District Court allowed the defendant’s motion to dismiss the charge of operating a motor vehicle while under the influence of liquor (second offense). The judge concluded that the defendant’s right to an independent medical examination (G. L. c. 263, § 5A) had been impeded by the police when they held him in protective custody without adhering to all of the requirements of the protective custody statute (G. L. c. 111B, § 8). The Commonwealth appealed, and we transferred the case to this court on or own motion. We conclude that the defendant failed to demonstrate that the…