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COMMONWEALTH v. ZUCCHINO

SJC-13384.

493 Mass. 747 (2024)

COMMONWEALTH v. BRADLEY ZUCCHINO.

Supreme Judicial Court of Massachusetts, Essex.

April 1, 2024.

Attorney(s) appearing for the Case

Murat Erkan (Eric Burdette also present) for the defendant.

Marina Moriarty, Assistant District Attorney, for the Commonwealth.

Barbara A. Smith & George G. Brell, of Missouri, & Matthew J. Stanford, of Arizona, for Mothers Against Drunk Driving, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Kafker, Wendlandt, & Georges, JJ.

The defendant, Bradley Zucchino, was charged with operating a motor vehicle while under the influence of alcohol causing serious bodily injury and death. The defendant contends that pursuant to G. L. c. 90, § 24(1)(e) (§ 24[1][e]), evidence of his blood alcohol content (BAC) at the time of the accident is inadmissible at trial...

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