[Download] "Commonwealth v. Manuel M. Andrade" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Manuel M. Andrade
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 15, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Inasmuch as a defendant arrested for operating a motor vehicle while under the influence of intoxicating liquor has no right under G. L. c. 90, § 24, to a police administered blood test, no rights of a Portuguese-speaking defendant were violated by reason of unsuccessful attempts by police to obtain his consent to such a test. [876] With respect to a Portuguese-speaking defendant arrested for operating a motor vehicle while under the influence of intoxicating liquor, the fact that the police, despite the posting of the requisite information in Portuguese on the wall of the police station, failed to call the defendant's attention to the poster or in any other way attempt to inform him of his statutory right to an independent medical examination at his own expense, as they were required to do under G. L. c. 263, § 5A, would, in the circumstances, necessitate dismissal of the criminal complaint against the defendant unless the Commonwealth's evidence was so overwhelming as to negate any prejudice to him resulting from the police conduct. [876-882]