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COMMONWEALTH v. STEELE

455 Mass. 209 (2009)

COMMONWEALTH v. DENNIS P. STEELE.

Supreme Judicial Court of Massachusetts, Suffolk.

October 16, 2009.

Attorney(s) appearing for the Case

Cynthia M. Pepyne, Assistant District Attorney, for the Commonwealth.

Barry Auskern for the defendant.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

IRELAND, J.

The defendant is charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI) in violation of G. L. c. 90, § 24 (1) (a) (1), and operating a motor vehicle with a suspended license, subsequent offense, in violation of G. L. c. 90, § 23. The charges arose from his arrest on February 29, 2008, after which he consented to a breathalyzer test. The results, as automatically generated by the breathalyzer machine...

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