Massachusetts Supreme Judicial Court
March 29, 2011
Docket No. SJC-10731
Self-incrimination, Breathalyzer test, Motor Vehicle, Operating under the influence, Redaction
A jury found the defendant guilty of operating a motor vehicle while under the influence of intoxicating liquor (OUI) and negligent operation of a motor vehicle on a public way. The defendant appealed his convictions claiming that the admission of the consent form for the breathalyzer test violated his privilege against self-incrimination as guaranteed by Article 12 of the Massachusetts Declaration of Rights. The Supreme Judicial Court (SJC) held that the admission of the consent form was not prejudicial error, but because it was not relevant to any issue of fact for the jury, it would have been better practice for the judge to order that the form be redacted before it was admitted into evidence.
