Boston DUI Lawyers Blog - Published by Massachusetts DUI

In the case of Commonwealth v. Rarick, the Massachusetts Appeals Court held that, evidence of alcohol consumption, speeding, along with the officers opinion that he was intoxicated, was sufficient to sustain a conviction for Operating a Motor Vehicle While Under the Influence of Alcohol.

The defendant was stopped by police for speeding; traveling 58 mph in a 45 mph zone.  Although there was no evidence before the jury of any erratic operation, field sobriety tests, nor any testimony that he was unsteady on his feet or swaying or staggering, the officer testified that he could smell a moderate odor of alcohol.  The defendant also admitted to having drank a six-pack 2 hours prior.

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