Commonwealth v. Riggieri

The defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor and was found guilty by a jury of six in the District Court.1 On appeal, he contends that it was error to deny his motion to suppress evidence of his lack of sobriety (or in the alternative, to deny his motion to dismiss the complaint). Because the arresting officer was not justified in stopping the defendant’s vehicle, we reverse the judgment of conviction.

In reviewing the denial of the defendant’s motion, we accept *374the motion judge’s factual findings absent clear error. Commonwealth v.…