Commonwealth v. Sousa

After a bench trial, a District Court judge found the defendant guilty of operating a motor vehicle while under the influence of drugs and negligent operation of a motor vehicle. On appeal, the defendant argues insufficient evidence for both convictions. We reverse the conviction of operating while under the influence of drugs, concluding that the Commonwealth presented insufficient evidence that the defendant was under the influence of a prohibited substance, as defined under the relevant statute, G. L. c. 94C, § 1. We affirm the conviction of negligent operation.

Facts. Under the familiar…