MOTION TO SUPPRESS ALLOWED
Operating Under the Influence of Alcohol, Third Offense, Woburn District Court; Commonwealth v. M.G.; November 13, 2023
Reading Police officers observed the Defendant traveling in an erratic fashion and conducted a stop of his vehicle. During the course of the stop, the officers were met with an overwhelming odor of alcohol and observed the Defendant to present with slurred speech and blood shot eyes. Thereafter the officers learned that the Defendant was operating on a suspended license and without registration and / or insurance. The Defendant was unable to perform field sobtriety tests to the satisfaction of the investigating officers and was placed under arrest. The Defendant was transported to the hospital and a draw of his blood indicated he had a blood alcohol level of 0.22%.
Attorney Ciraulo filed a motion to suppress the blood evidence at trial pursuant to Commonwealth v. Bohigian, 486 Mass. 209 (2020) and Commonwealth v. Moreau, SJC - 13168 (2022) (to be admissible at trial, the Commonwealth must present evidence that the Defendant consented to both the draw itself as well as the testing of that sample for alcohol concentration). In this instance, the Commonwealth could not present evidence of consent. As such, the Court ordered the evidence suppressed at trial.
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