Commonwealth v. Frasier

Agnes, Peter W., J.

1. Introduction

The defendant Kevin Frasier is charged in a two-count indictment with {1) operating a motor vehicle on a public way with a percentage by weight of alcohol in his blood of 0.08% or greater [G.L.c. 90, §24(l)(a)(l)] and (2) operating a motor vehicle on a public way while under the influence of alcohol [G.L.c. 90, §24(l)(a)(l)]. He has filed a motion in limine to exclude the results of a breathalyzer test administered by the Hopedale Police on grounds that the police failed to comply with the regulations promulgated by the Secretary of Public Safety for the…