Commonwealth v. Smythe

A jury of six in a District Court convicted the defendant of operating a motor vehicle while under the influence of intoxicating liquor and of failing to stay within marked lanes. The Commonwealth’s case consisted of testimony from the arresting officer about the events, the results of a breath test administered on a device known as the “Intoxilyzer 5000” revealing a blood alcohol content of .17 percent weight by volume, and a videotape taken of the defendant while he was being booked and while the breath test was being administered. The defendant attempted unsuccessfully to have the judge…