Commonwealth v. Marques

The defendant appeals from her conviction of operating a motor vehicle while under the influence of intoxicating liquor (OUI), second offense.2 On appeal, the defendant's principal claim is that the admission in evidence of the arresting State trooper's lay opinion that the defendant was "under the influence of alcohol" was prejudicial error. We affirm.

Lay opinion. The defendant maintains that the trooper's testimony that the defendant was "under the influence of alcohol" was error because it violates the central holding of Commonwealth v. Canty, 466 Mass. 535, 545 (2013). The defendant…