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Page 1t) Pos'r-GAzETTIE, oc'rIBER 28", Z()11 David J. Saliba Attorney at Law Intoxication Test by the Breathalyzer COMMONWEALTH vs. ZOANNE ZEININGER SJC-10758 SUPREME JUDICIAL COURT OF MASSACHUSETTS 459 Mass 775; 947 N.E.2d 1060 February 7, 2011 Argued * May 24, 2011 Decided On the evening of April 13, 2007, must prove compliance with those condi- Zeininger drove through a flashing red tions breathalyzer test results "shall be light at .the intersection of Main Street and admissible and deemed relevant" only if the Bank Row in Greenfield without bringing subject actually consented to the test and her vehicle to a complete stop. Officer was properly notified of her right to an inde- Patrick Buchanan of the Greenfield Police pendent medical examination. Department pulled Zeininger's vehicle over. Officer Buchanan proceeded to adminis- He observed that Zeininger's eyes were ter the.breathalyzer test. Zeinnger gave two bloodshot, her speech slurred, and she breath samples that each registered a blood smelled of alcohol. Zeininger told him that alcohol content of 0.10 per cent on the she consumed two pints of ale at a local tav- breathalyzer device. After a two-day jury ern, and later, another "half pint or so" at a trial, Zeininger was convicted of operating friend's home. Officer Buchanan instructed a motor vehicle with a blood alcohol level of Zeininger how properly to complete various 0,08 percent or greater, and sentenced to a field sobriety tests. After observing her per- one-year term of probation and ninety-day form four different tests, he concluded that loss of license. Zeininger appealed, and we Zeininger was intoxicated and arrested her transferred the case to this court on our own for operating a motor vehicle while under motion. the influence of intoxicating liquor. The Supreme Court Said: A police officer At the Greenfield police station, Zeininger may not administer a breathalyzer test telephoned a friend to discuss whether she unless he is a "certified operator." Zeininger should provide consent to submit to a does not contend that Officer Buchanan was chemical analysis test of her breflth to an uncertified operator. The Supreme determine the alcohol content in her con- Court upheld the conviction. This case says tent in her blood (breathalyzer test). Even, a breathalyzer test is admissible provided tually, she consented to administration of that equipment is up to date and the one the breathalyzer test. During her testimony who gives the test is qualified. But what a at trial, she recounted that the stress of her dilemma for the driver, take the test and arrest exacerbated her acid reflux condition pray that it fails. Refuse to take the test and and that she regurgitated acid into her lose your license for 6 months. What if you mouth, believe you are not under the influence of General Laws c. 90, 24. places several alcohol but are not sure of the results? conditions on the admissibility of the results WHAT A- CHOICEr4.! The best choice is don't of a breathalyzer test, and the prosecution drink and drive. News Briefs (Continued from Page I) big government as part of the problem. The demonstrators want more big government, more entitlements and more con- trol over the economy. They also want government to wipe out their humongous personal debt caused by big- ger and bigger college loan bills. Of course, others want more free rides for every- thing. Currently, 50 percent of us are paying for the other 50 percent. If we criticize all the entitlements handed out, we are called racists and haters. These people actu- ally think entitlements are constitutionally supported too. How long can the middle- class support the entitled- class? How long can we sur- vive as a nation when very soon there will be fewer people pulling the wagon than riding in it? It can't work for long. You can't resurrect the middle-class by bleeding it dxy, can you? No wonder most of us just want to escape to a football field on Sunday afternoons. After all, most of us think fairness has been intercepted. Every day we have to struggle to survive. We keep getting pushed back. The clock seems to continually run against us. Even when we win, it feels like losing. 00,00t:'INELLtS UNCTION FACILITY" Specializing in the art of celebration Wedding, Anniversary, Quinceaera, Reunion, Birthday, Social and Corporate Events. Convenient location and valet parking makes Spinelli's East Boston the perfect location. We are dedicated to the highest level of service and professionalism to ensure the success of your special occasion. 280 Bennington Street, East Boston, MA Please Call 617-567-4499 spinellis.com Obama Keeps Blaming ' GOP for Jobs Stall President Obama is back on his Bad News Bus Tour touting his Jobs Bill which was recently defeated in the Senate thanks to two Demo- cratic U.S. senators who joined up with the Republi- cans. The president calls his plan the "real" Jobs Bill. He's on the road again riding on a Canadian-built bus push- ing for more U.S. jobs. He could start himself by riding U.S. built buses but that's another story. The real new story is a strategy by Obama and Harry Reid to pass the Jobs Bill piecemeal. Remember when the debate over ObamaCare was hot and heavy? When the GOP wanted piecemeal action, the Democrats said it was all or nothing. Senators Guarding Their Potatoes "Yes, we have no potatoes, no potatoes today." I remem- ber my mother singing that to me as a little kid as she was frying up some French fries on the kitchen stove. Well, if the USDA had its way, those potatoes would go the way of the dinosaur in schools across America. The USDA calls them nothing but a "starchy vegetable." This federal agency is out to limit potatoes as part of the fed- eral lunch program as of the next school year. A bi-partisan group of U.S. senators from Maine, Idaho and Colorado call the USDA proposal half-baked and-are trying to block this USDA rule. U.S. Senator Susan Collins, (R-Maine) says, "The much maligned potato is actually a very affordable, (Continued on Page 15) H Fac f iii!iiii!ii: = i!iiiiiiiiiii!i!iii!iiiiiiiiiiii!!iiiii!iiiiii: b/bb retell tlX reviewing the r the rest iiiiiiiiiii MARTINA McBRIDE - ELEVENRepublic Nashville Multiple-time winner of CMA and' ACM Female Vocalist of the year award and a Grammy winner as well, Martina McBride releases Eleven, her first album on Republic Nash- ville. With supermodel looks and a talent to match, Martina pours her heart into eleven exciting tracks, highlighted by her monster hit single "I'm Gonna Love You Through It." Martina co-wrote more than half the songs, but it's her emo- tion that is so incredible. Enjoy "One Night," pacing the way for spirited gems as "Always Be This Way," the magical duet with Train's Pat Monahan on "Marry Me," trying to keep dry with "Broken Umbrella," and mark the midpoint with "You Can Get Your Lovin' Right Here." Martina gets bluesy with Watcha Gonna Do," followed by. the album's first single "Teen- age Daughters," plus the love lost tale of "Summer of Love," the honesty of "When You Love a Sinner" and ends with the tender "Long Distance Lullaby." Martina is magical! WES MONTGOMERY - MOVIN': THE COMPLETE VERVE RECORDINGS (5-CD)/Verve-Hip-O Legendary jazz guitarist Wes Montgomery died in 1968 of a heart attack, at the much-too-young age of 45. Signing with Verve Records for a brief couple of years, Montgomery pumped out a multitude of music that included pure jazz and music that crossed over genres. His Verve years are contained on this 5 disc collection that includes 82 tracks. Disc 1 features, "Movin' Wes" and "Bumpin';" Disc 2 has "Smokin' At The Half Note;" Disc 3 has the pair "Goin' Out Of My Head" and "Tequila;" Disc 4 doubles your pleasure with "California Dreaming" and "Jimmy & Wes: The Dynamic Duo;" finishing up with Disc 5's "Further Adventures of Jimmy Smith and Wes Montgomery." Montgomery was at the top of his game in delivering some of the most spectacu- lar jazz guitar work to date! HAMILTON PARK/ Harrell-Atlantic Andre Harrell's "Superstar Soul "Search" discovered Hamilton Park in Atlanta, and signed them to a recording contract. Harrell is legendary for having discovered Diddy, and he felt he had" found something special in HP. The talented R&B group comprised of Anthony, Mr. Marcus Lee, Chris Voice and Royce P have the ability to touch female hearts with their amazing love ballads. HP's 6-song collec- tion includes their debut single, "Thing Called Us," the open- ing love anthem "Hard In the Paint," and a cover of Guy's classic 1988 ballad, Piece of My Love." Added to that trio of tenderness is the appreciative "Salute U," the timely "Clock Stops," and put the finishing touches on with "Nothing To a Boss." Soulful pleasure! SHIRLEY CRABBE - HOME/MaiSong Music Vocalist Shirley Crabbe delivers her 9-song debut album "Home," with the style and grace of a polished jazz music veteran. Her rich and plush vocals catch your ear quickly, as her litany of music unwinds. Check out Crabbe's arrange- ment of Leonard Bernstein"s "Lucky To Be Me," likewise, with McCoy Tyner's "You Taught My Heart To Sing," the tasty title cut "Home" from "The Wiz," along with the pretty "Sea- sons" written by pianist Roland Hanna for the legendary Sarah Vaughan, coming to a full stop for the sassy sound of "Detour Ahead." Crabbe powers through Oscar Brown's "Strong Man," trailed by the tender ballad "Not While I'm Around," Carole King's classic "So Far Away," adding a West African polyrhythmic flavor" to her arrangement of "Summertime." Outstanding! THE MUSIC OF MICHEL LEGRAND/Silva Screen Michel Legrand, composer, arranger, conductor and per- former, took his talents to Moscow in 2010, and revisited some of his greatest work, conducting The Moscow Virtuosi, featuring the cream of musicians from Moscow's symphony and chamber orchestras. The result is twenty tracks on two discs that bring back memories and pleasure. Enjoy cuts as, "Lees Parapluies de Cherbourg," Legrand's Oscar-winner ".Summer of '42 m The Summer Knows," the haunting "Brian's Song," the powerful "Wuthering Heights (I Was Born In Love With You," and the romantic "Gable and Lombard." Disc Two -contains the concerto-like "The Thomas Crown Affair -- The Windmills of Your Mind," the latter from the film of the same name and starring Steve McQueen -- two other Legrand scores starring McQueen follow with "Le Mans" and "The Hunter," and a suite of music from Barbra Streisand's "Yentl -- The Way He Makes Me Feel/Papa, Can You Hear Me?/A Piece of Sky." Just a sample of the Michel's "grand" music catalog! A.N.T. FARM - SOUNDTRACK/Walt Disney Records Youthful fun abounds on Disney's "A.N.T. Farm" soundtrack with songs from and inspired by the bit Disney Channel series. "Farm" star China Anne McClain solos on the "first half dozen songs with explosive tracks as, "Exceptional," a cover of Taio Cruz's hit "Dynamite,"" the hit-bound single "Calling All the Monsters," the beat-laden "Unstoppable," covering Christina Aguilera's classic "Beautiful," plus the romantic "My Crush." 'Farm' co-stars Stefanie Scott and Carlon Jeffery, are featured on "Pose," and Jeffery delivers a tasty solo rap on the hip cut "Summertime." China Anne joins sisters Sierra and Lauryn to perform the final pair of tunes as The McLain Sisters, singing about an honest attempt to make the relationship happen, titled "Perfect Mistake" and the use of technology to relate with "Electronic Apology." Energetic, entertaining, and excellent!