Commonwealth v. Madden, 28 Mass. App. Ct. 975(1990)
Defendant was arrested while driving under the influence of alcohol after he was seen driving left of the center line. Defendant failed the field sobriety tests and at the police station submitted to breathalyzer tests. The court found that under Mass. Gen. Laws ch. 90, § 24N, a blood test was the only test that rebutted the presumption of being under the influence expressed in Mass. Gen. Laws ch. 90, § 24(1)(e). The police were not obligated to assist defendant in preparing an optimal defense, but they were to afford reasonable opportunity to prepare a defense when an accused, having been alerted to his right to seek assistance from a physician, took steps to get it.The court affirmed defendant’s conviction of operating under the influence.
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