Commonwealth v. D'Agostino

The defendant was found guilty by a District Court jury of the charge of operating a motor vehicle while under the influence of intoxicating liquor in violation of G. L. c. 90, § 24. The defendant alleges error in (1) the admission of statements he made to police in the course of the roadside stop, and (2) the judge’s instruction to the jury pursuant to G. L. c. 90, § 24(l)(e), concerning the absence of blood alcohol evidence. We decide that the instruction constituted reversible error in this case.

We summarize the pertinent evidence adduced at trial. The two arresting police officers…