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COMMONWEALTH v. BROWN

No. 12-P-614.

83 Mass. App. Ct. 772 (2013)

COMMONWEALTH v. RICHARD G. BROWN.

Appeals Court of Massachusetts, Middlesex.

June 20, 2013.

Attorney(s) appearing for the Case

Dana Alan Curhan (MarySita Miles with him) for the defendant.

Alexandra G. Watson, Assistant District Attorney, for the Commonwealth.

Present: GREEN, CARHART, & AGNES, JJ.

AGNES, J.

When a person who is suspected by the police of operating a motor vehicle on a public way while under the influence of alcohol refuses to submit to roadside tests commonly referred to as field sobriety tests, evidence of his refusal is not admissible at trial because it is regarded as compelled testimony in violation of art. 12 of the Massachusetts Declaration of Rights. See Commonwealth v. Blais, 428 Mass. 294<...

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