Commonwealth v. Costa

After a bench trial, tire defendant was convicted of operating a motor vehicle while under the influence of alcohol, G. L. c. 90, § 24(l)(a)(l). On appeal, he asserts that (1) the breathalyzer test results were inadmissible because the Commonwealth did not follow certain regulations, (2) the judge erred by reopening the case to take additional evidence on the breathalyzer test after both parties had rested, and (3) the evidence was insufficient to support the conviction. We affirm.

Inadmissibility of the breathalyzer. Regulations promulgated by the Executive Office of Public Safety govern how…