Commonwealth v. Marley

The defendant was convicted in the Framingham Division of the District Court of operating a motor vehicle on a public way while under the influence of intoxicating liquor, in violation of G. L. c. 90, § 24 (1) (a) (1) (1984 ed.). He was sentenced to six months in a house of correction, two years suspended, and fourteen days in an alcohol treatment program. He was also fined. The defendant exercised his right to a “de nova” jury trial which ended in a mistrial. Prior to the second jury trial, the defendant filed a motion to exclude the results of a breathalyzer test based upon the fact that…