District/Municipal Court Rules

District Court Standing Order

District/Municipal Court Rules District Court Standing Order 4-83: Summonsing breathalyzer operators

Effective Date: 12/01/1983

(Applicable to the Westborough Division)

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Standing Order 4-83

Whenever defense counsel in a trial for operating a motor vehicle under the influence of alcohol desires to have the testimony of the police breathalyzer operator at trial, a request must be made to the district attorney's office at least 48 hours in advance of the trial date, or a summons issued as for any other witness.

Because the Commonwealth can establish a prima facie case without the breathalyzer operator, a continuance will not be granted because of his or her absence unless this procedure has been followed.

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