Massachusetts Operating Motor Vehicle Influence Intoxicating Liquor Negligent Endanger Lawyers Attorneys

COMMONWEALTH vs

COMMONWEALTH vs. PAUL V. MATERIA

Supreme Judicial Court of Massachusetts

June 3, 1966

Facts:

Defendant was convicted for operating a motor vehicle while under the influence of intoxicating liquor, operating a motor vehicle negligently so that the lives or safety of the public might be endangered, pursuant to Mass. Gen. Laws ch. 90, 24, and failure to stop for a police officer, pursuant to Mass. Gen. Laws ch. 90, 25.

Issues:

Whether the evidence was sufficient for the conviction of the defendant for operating a motor vehicle while under the influence of intoxicating liquor?

Whether the superior court erred in denying the defendant's motion for a directed verdict?

The court held that the evidence warranted a finding that the defendant was guilty of operating a motor vehicle while under the influence of intoxicating liquor on a way as defined in Mass. Gen. Laws ch. 90, 1. The evidence was likewise sufficient to warrant a finding that the defendant was guilty of driving a motor vehicle negligently on a way so that the lives or safety of the public might be endangered. However, the court found that the superior court ought to have directed a verdict on the complaint charging failure to stop when signaled to do so by a police officer. Essential proof required by the statute was lacking. The evidence failed to show that the officer was in uniform when the signal to stop was given or that he displayed his badge conspicuously on the outside of his outer coat or garment.

The court affirmed the superior court's judgment with regard to the charges of driving under the influence and driving so as to endanger and reversed the judgment with regard to the charge of failure to stop for a police officer.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content

Massachusetts Operating Motor Vehicle Influence Intoxicating Liquor Negligent Endanger Lawyers Attorneys

By: Atchuthan Sriskandarajah

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