Commonwealth v. Hall

The defendant, Richard Hall, is charged with operating under the influence of intoxicating liquor, (G.L.c. 90, s. 24), and with operating under the influence of intoxicating liquor as a second offense (G.L.c. 90, s. 24). The defendant has filed a motion to dismiss and/or suppress claiming that the police, by placing him in protective custody, improperly impeded his right to access to an independent medical examination.

A hearing was held on the defendant’s motion on April 2, 1999.1 At the outset of the hearing, it was agreed by the parties that the following issues were the only ones to be…