Commonwealth v. Lassiter

The defendant was tried before a jury on a complaint charging him with negligent operation of a motor vehicle, in violation of G. L. c. 90, § 24(2)(a), and operating a *126motor vehicle while under the influence of alcohol (OUI), third offense, in violation of G. L. c. 90, § 24(l)(a)(l). The jury returned a verdict of not guilty on the negligent operation charge and guilty on the OUI charge. The verdicts were recorded, and the jury were asked to return to the jury room. They were not, however, formally discharged because it was not yet known whether the defendant would waive having the subsequent…