Commonwealth v. Rosewarne

The Commonwealth appeals from the dismissal of a complaint, see Mass. R. Crim. P. 13 (c) and 15 (a) (1), 378 Mass. 872, 882 (1979), charging David K. Rosewarne with operating a motor vehicle while under the influence of intoxicating liquor. The judge allowed the defendant’s motion to dismiss “for failure to give the [djefendant a reasonable opportunity to exercise his statutory rights” to obtain an independent test of his blood alcohol level. See G. L. c. 263, § 5A (1988 ed.). We transferred the case to this court on our own motion. We again hold that police have no obligation under G. L. c.…