A Massachusetts OUI requires the Commonwealth to prove three things beyond a reasonable doubt: First, the Commonwealth must prove that the defendant operated a motor vehicle; second, on a public way and third while under the influence of alcohol.
These elements of a Massachusetts OUI all require that the defendant was operating a motor vehicle. A Staten Island women was charged with DUI and child endangerment when she was alleged to have drove drunk with her two children in the car. A Massachusetts OUI child endangerment conviction will result if a defendant is convicted of DUI with a child under 14 in the car. In the Staten Island case, the defense lawyer contends that the defendant was not operating a motor vehicle.
In any Massachusetts DUI case, the Commonwealth has to prove that the defendant operated a motor vehicle. If there is a defense as to operation, a criminal defense lawyer can call witnesses to support the defense. Even if a motorist is under the influence, the government still needs to prove the element of operation under Massachusetts OUI law.
