Commonwealth v. McMullen

After a jury trial, the defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor (OUI); he then admitted to a second offense charge at a subsequent hearing before the same judge.2 He now appeals, arguing that the judge erred in denying his motion to suppress, because the Commonwealth failed to justify the initial stop of his car. He also appeals the denial of his motion to revise and revoke his sentence, claiming he was improperly sentenced under G. L. c. 90, § 24, rather than § 24D. We affirm.

1. Motion to suppress. "In reviewing a ruling on a…