Massachusetts Appeals Court September 16, 1997, No. 96-P-438 (Commonwealth v. Maylott)

Smith, J.

The defendant was the subject of a complaint charging him with operating a motor vehicle while under the influence of intoxicating liquor (second offense). Prior to trial, the defendant filed a motion to dismiss the complaint and a motion in limine to exclude evidence of a videotape taken at the time the police were attempting to book him.