Commonwealth v. Zucchino
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The Supreme Judicial Court of Massachusetts heard an appeal involving Bradley Zucchino, who was charged with operating a motor vehicle under the influence of alcohol, causing serious bodily injury and death. Zucchino challenged the admissibility of his blood alcohol content (BAC) evidence, arguing that it was collected without his consent, contravening G. L. c. 90, § 24 (1) (e). The court had to determine whether the Commonwealth needed the defendant's consent to admit his BAC results in the prosecution of a G. L. c. 90, § 24L (OUI-SBI) offense.
The court determined that the language of G. L. c. 90, § 24 (1) (e) was clear and unambiguous, applying specifically to violations of § 24 (1) (a), or simple OUI. The court noted that if the Legislature had intended the consent requirement of § 24 (1) (e) to apply to aggravated OUI offenses, it would have made this explicit. The court stated that it is within the Legislature's purview to treat simple OUI and aggravated OUI offenses differently, including with regard to the admissibility of evidence.
Therefore, the Supreme Judicial Court of Massachusetts held that the consent provision of § 24 (1) (e) does not apply to violations under any other section or chapter, including G. L. c. 265, § 13 1/2, or G. L. c. 90, § 24L. The court affirmed the lower court's denial of Zucchino's motion to suppress his BAC results.
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