Commonwealth v. Smigliano

The defendant, Vincent A. Smigliano, was convicted of operating a motor vehicle while under the influ*491ence of alcohol. The defendant moved to suppress the evidence of his offense on the ground that, by activating the police car’s blue lights, the officer performed an unlawful seizure. The defendant separately moved to suppress the result of a breathalyzer test on the ground that the officer administering the test was certified not by the Secretary of Public Safety (Secretary), but by the Criminal Justice Training Council (council), contrary to the terms of G. L. c. 90, § 24K. A District Court…