OUI License Massachusetts Revoked Insufficient Evidence Lawyers Norfolk County

Commonwealth v. Joseph

Facts:

Defendant appealed the judgment of the Norfolk District Court Department (Massachusetts), which convicted defendant of violating Mass. Gen. Laws ch. 90, § 23, second para., by operating a motor vehicle after his license to operate had been revoked pursuant to a violation of Mass. Gen. Laws ch. 90, § 24, operating under the influence of liquor.

OUI License Massachusetts Revoked Insufficient Evidence Lawyers

Issue:

• Whether the trial should have been bifurcated; whether the notices sent to Defendant from the Registry of Motor Vehicles (registry) informing him that his license had been revoked were inadmissible hearsay, or, in the alternative, should have been redacted prior to their being introduced in evidence; and Whether there was insufficient evidence to sustain a conviction?

Discussion:

Defendant was convicted of operating a motor vehicle after his license to operate had been revoked. On appeal, defendant argued that: (1) the trial should have been bifurcated; (2) the notices sent informing him that his license had been revoked were inadmissible hearsay, or, in the alternative, should have been redacted prior to their being introduced in evidence; and (3) there was insufficient evidence to sustain the conviction. The appellate court advised that defendant was not charged with a subsequent offense of driving under the influence, but with an independent, freestanding crime. Specifically, Mass. Gen. Laws ch. 90, § 23, second para., charged an independent crime, driving with a license suspended or revoked due to operating a motor vehicle while under the influence. In addition, while the appellate court agreed the extraneous entries contained in the notices should have been redacted, it found the error harmless in light of the overwhelming evidence against defendant. Finally, the Commonwealth was not required to introduce certified copies of defendant’s convictions to satisfy its burden of proof. The appellate court affirmed the judgment.

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Article written by A Sris

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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.