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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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