As a Massachusetts OUI attorney, I found the case of Commonwealth v. Virgilio, decided on May 24, 2011, of interest because the Appeals Court reversed a DUI conviction on the grounds that the public way element was not established at trial.
When a motorist is charged with drunk driving in Massachusetts, the Commonwealth needs to prove three elements beyond a reasonable doubt. Those elements are
1. that the car was operated
2. that it was operated on a public way or area where members of the public have a right of access
3. That the vehicle was operated on a public way under the influence of alcohol. Click here for a link to the jury instructions at a drunk driving trial.
In most OUI trials in Massachusetts, the contested element is whether the driver was under the influence; in some cases, typically bench trials, the elements of operation and public way will be agreed to by what is called stipulation.
In the case of Commonwealth v. Virgilio, which arose out of the Uxbridge District Court, the public way element was directly at issue. In Virgilio, the court found that the defendant did not operate a motor vehicle under the influence because she was driving on a private driveway where the public had no right of access. Accordingly, the court held that her conviction for DUI should be reversed as the evidence was insufficient under the law to sustain the verdict of guilty.
Michael DelSignore is a Worcester DUI attorney who represents motorists charged with DUI throughout Worcester County, Bristol and Norfolk counties. With successful verdicts of not guilty throughout the Commonwealth, Attorney DelSignore has the experience and skill to successfully defend your case at trial. Call anytime to discuss your case at 508-455-4755 or 781-686-5924.
