Commonwealth v. Bernier

This case is before us on the defendant’s bill of exceptions following his trial and conviction by a jury of six in the First District Court of Southern Middlesex (St. 1971, c. 659) on a complaint charging him with the misdemeanor of operating a motor vehicle on a way while under the influence of intoxicating liquor. G. L. c. 90, § 24 (1) (a), as amended by St. 1971, c. 1071, § 4. All of the exceptions relate to the admission in evidence of the results of a “chemical test or analysis of.. . [the defendant’s] breath” (breathalyzer test) administered to him by a police officer after his arrest.…