Alleged Drunk Driver in Massachusetts involved in head-on collision with oncoming vehicle in snowstorm. Responding police, fire and EMTs take note of the driver’s belligerent behavior and overwhelming odor of alcohol. Although police follow defendant to hospital emergency room they do not request a blood sample. At trial date on OUI Serious Bodily Injury charge the government fails to timely produce any witnesses, to include hospital, police or civilian witness. MA court allows defense request to dismiss charges.