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COMMONWEALTH v. CAPPELLUCCI

SJC-13458.

493 Mass. 1035 (2024)

COMMONWEALTH v. JOHN T. CAPPELLUCCI, JR.

Supreme Judicial Court of Massachusetts.

April 1, 2024.

Attorney(s) appearing for the Case

Melissa W. Johnsen , Assistant District Attorney ( Daniel Bolcun , Assistant District Attorney, also present) for the Commonwealth.

Mark W. Helwig for the defendant.

The defendant, John T. Cappellucci, Jr., was charged with operating a motor vehicle while under the influence of both alcohol and drugs causing serious bodily injury (OUI-SBI) pursuant to G. L. c. 90, § 24L. A judge allowed the defendant's motion to suppress the analysis of his blood samples based on G. L. c. 90, § 24 (1)(e) (§ 24[1][e]), which conditions the admissibility of a defendant's blood alcohol content (BAC) in a prosecution for a violation of G. L...

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