Legal Opinion
Commonwealth v. Mandell
Massachusetts Appeals Court
Decided July 20, 2004No. 02-P-1606PublishedCited by 8 opinions
1Opinion of the CourtPerretta, J.
On a motion to dismiss a complaint charging him with operating a motor vehicle while under the influence of marijuana, G. L. c. 90, § 24, the defendant argued that he should have been advised by the police that he had a right to an independent medical examination to test for drug impairment of his ability to operate a motor vehicle. Pursuant to Mass.R. Crim.P. 34, 378 Mass. 905 (1979), a District Court judge reported two questions concerning any right the defendant might have to be so advised.
1. The reported questions. As reported, the questions we have been asked to answer are:
“1. Does…
2Cases cited14 opinions
- California v. TrombettaSupreme Court of the United States · 1984
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- United States v. Valenzuela-BernalSupreme Court of the United States · 1982
- Commonwealth v. CampbellMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. LeisMassachusetts Supreme Judicial Court · 1969
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3Cited by8 opinions
- Martha's Vineyard Land Bank Commission v. Board of AssessorsMassachusetts Appeals Court · 2004
- Commonwealth v. Morris M.Massachusetts Appeals Court · 2007
- Housman v. LBM Financial, LLCMassachusetts Appeals Court · 2011
- Commonwealth v. MurphyMassachusetts Appeals Court · 2007
- Commonwealth v. LetkowskiMassachusetts Supreme Judicial Court · 2014
3 more not listed; retrieve them via the Exa API.