Commonwealth v. Lopes

In this case, we consider the appeal of Victor M. Lopes from his convictions of operating a motor vehicle while under the influence of intoxicating liquor in violation of G. L. c. 90, § 24 (1) (a) (1), and negligent operation of a motor vehicle on a public way in violation of G. L. c. 90, § 24 (2) (a). We are presented with the question whether the admission in evidence of a consent form without redaction of language indicating that Lopes was notified of his right under G. L. c. 263, § 5A (§ 5A), to receive an independent medical examination was a violation of his privilege against…