| Effective Date: | 12/01/1983 |
|---|
(Applicable to the Westborough Division)
- This page, District Court Standing Order 4-83: Summonsing breathalyzer operators, is offered by
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District Court Standing Order
District/Municipal Court Rules District Court Standing Order 4-83: Summonsing breathalyzer operators
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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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Online
Email a reference librarian:
Email Trial Court Law Libraries at lawlibraries@jud.state.ma.us