The Massachusetts Court of Appeals again addressed the definition of operation under Massachusetts OUI law. In the case of Commonwealth v. Cabral, decided, August 5, 2010, the defense attorney on appeals conceded that the under the influence element was satisfied and appealed on the operation and public way elements of the offense. Under Chapter 90 Section 24, to convict a driver of OUI in Massachusetts the Commonwealth must prove the following elements beyond a reasonable doubt:
1. that you operated a motor vehicle
2. on a public way or a way which the public has a right of access;
3. while you were under the influence of alcohol.
In most cases, the defense centers around the third element of a DUI offense, under the influence. In Cabral's case, the court found that the Commonwealth proved operation because she was behind the wheel, and the tires were spinning on the vehicle, even though it was not moving and she was not driving but trying to back the truck up. Further, the truck was off of the road and appeared to have been in an accident. The Appeals Court found that operation could be proven by circumstantial evidence and affirmed the defendant's conviction.
As an experienced DUI defense lawyer in Massachusetts, Attorney DelSignore can explain to you the defenses to your DUI charge at a free consultation. Attorney DelSignore has successfully defended cases involving accidents, operation defenses and failed breathalyzer test results. He can be reached at 508-455-4755 or by email.
