Endangered

Apr 21 2011

endangered

Massachusetts Operating Motor Vehicle Influence Intoxicating Liquor Negligent Endanger Lawyers Attorneys

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

About the Author

The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.

The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.

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