Commonwealth v. Fleurancin

After a jury-waived trial, a judge convicted the defendant, Evens Fleurancin, of operating a motor vehicle while under the influence of marijuana (OUI-marijuana).2 G. L. c. 90, § 24 (1) (a ) (1). On appeal, the defendant contends both that the Commonwealth's evidence failed to satisfy the element of impairment and that the judge committed prejudicial error in admitting opinion testimony from two police officers regarding the defendant's intoxication from marijuana ingestion. Concluding that the evidence of intoxication was sufficient to sustain a conviction but not strong enough to overcome…