Commonwealth v. Neal

Convicted of operating a motor vehicle on a public way while under the influence of intoxicating liquor, G. L. c. 90, § 24 (1) (a), the defendant challenges the admission in evidence of the result of his breathalyzer test. The defendant argues that the Commonwealth’s failure to preserve samples of his breath for subsequent retesting by his own expert, as well as the Commonwealth’s nonpreservation of ampules used during the examination, required exclusion of the breathalyzer evidence. The defendant also argues that the Smith & Wesson Model 900A Breathalyzer, the model used to determine his…