OUI Boston Massachusetts Lawyer Erroneous Instruction Vehicular Homicide

Commonwealth v. Jim

Facts:

The District Court of Boston convicted defendant of vehicular homicide while operating a motor vehicle under the influence of intoxicating liquor, vehicular homicide while operating a motor vehicle so as to endanger the lives and safety of the public, operating a motor vehicle while under the influence, operating a motor vehicle so as to endanger the public, and failure to keep to the right. Defendant appealed.

OUI Boston Massachusetts Lawyer

Issue:

• Whether the trial court erred in admitting defendant’s hospital records into evidence, in instructing the jury on the definition of “while under the influence,” and in placing “lesser charges” on file?

Discussion:

Defendant caused an automobile accident in which one person died. Defendant’s treating physician ordered X-rays and a blood test to determine whether defendant was intoxicated or was suffering from a head injury. The blood test showed a blood alcohol level of .22 percent. Defendant alleged that the trial court erred in admitting his hospital records into evidence, in instructing the jury on the definition of “while under the influence,” and in placing “lesser charges” on file. The court held that defendant’s hospital records were admissible. The hospital record was kept pursuant to Mass. Gen. Laws ch. 111, § 70 and was taken for the purposes of treatment. The blood test was not the only evidence of defendant’s intoxication. Defendant’s doctor and a police officer testified as to the odor of alcohol and defendant’s irregular behavior. The court held that the trial court did not err in charging the jury because the alleged erroneous instruction was in conformity with the model jury instructions, and defendant did not object to the instruction. Because only one person died in the accident, defendant could not be convicted of two counts of vehicular homicide. The court set aside defendant’s conviction for vehicular homicide while operating a motor vehicle so as to endanger the lives and safety of the public and dismissed the complaint as to that count. The court affirmed defendant’s convictions for vehicular homicide while under the influence, operating a motor vehicle while under the influence, operating a motor vehicle so as to endanger the public, and failure to keep to the right

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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.