Commonwealth v. Alano

The defendant was convicted of operating a motor vehicle while intoxicated, in violation of G. L. c. 90, § 24. Prior to trial, he moved to dismiss the charge based on alleged violations of his constitutional and statutory due process rights. The sole issue on appeal is the propriety of the denial of his motion. We took the case on our own motion.

The facts agreed to by the parties, are as follows. On the evening of December 2, 1981, the defendant was arrested by Worcester police officers and charged with operating a motor vehicle upon a public way while under the influence of intoxicating…