DUI Belmont Massachusetts Lawyer Subsequent Motor Vehicle Enhancement

Commonwealth v. Victor

Facts:

Defendant was convicted by a jury of Belmont District Court Department (Massachusetts) of driving a motor vehicle while under the influence of alcohol (DUI), fourth offense, Mass. Gen. Laws ch. 90, § 24(1)(a)(1). Defendant’s motion to dismiss the subsequent offense charge on the ground of double jeopardy was denied. After sentencing, defendant appealed.

DUI Belmont Massachusetts Lawyer

Issue:

• Whether the defendant’s double jeopardy rights are violated by charging him on subsequent offense charge?

Discussions:

Defendant’s sentencing involved Mass. Gen. Laws ch. 278, § 11A, which provided that if defendant was charged with a crime for which more severe punishment was provided for second and subsequent offenses, then before sentence was imposed, defendant was entitled to a trial by jury of the issue of conviction of a prior offense. Here, one judge sentenced defendant, a second judge determined that defendant had three prior offenses, and the first judge resentenced defendant. On appeal, defendant argued that subjecting him to a sentence enhancement after the imposition of sentence on the OUI offense exposed him to additional punishment for the same crime and violated his double jeopardy rights. The appellate court concluded that the violation of Mass. Gen. Laws ch. 278, § 11A, did not subject defendant to double jeopardy because the proceeding had not concluded and jeopardy had not terminated when the first judge imposed sentence following conviction of the OUI offense. Defendant was on notice that he had been charged with a subsequent offense. He was afforded a trial on the subsequent offense portion of the complaint and was given a single sentence based on the findings therefrom.

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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.