Commonwealth v. Thompson

The defendant was indicted for operating a vessel while under the influence of alcohol pursuant to G. L. c. 90B, § 8A. The Commonwealth appeals from a Superior Court judge’s order allowing the defendant’s motion to suppress the results of a blood test administered after his arrest.

Background. We recite the facts relevant to the issue on appeal as found by the judge which, in any event, are undisputed. The defendant was operating his boat in Hull harbor when he struck a moored sailboat. His passenger was ejected from the boat, suffered severe blunt force neck trauma and later died as a result…