Commonwealth v. Carson

Under the procedures established by G. L. c. 278, § 28E, and Mass.R.Crim.P. 15(a)(2), as appearing in 422 Mass. 1501 (1996), the Commonwealth appeals from an order by a District Court judge suppressing the results of a blood test performed at Sturdy Memorial Hospital in the early morning hours of August 9, 2004. The judge’s findings of fact and other undisputed evidence in the record establish the following. At about 9:30 p.m. on August 8, 2004, a car driven by the twenty year old defendant struck two female pedestrians on *369Route 1 in North Attleborough, severely injuring (and ultimately…