Commonwealth v. Teixeira

*367*81The facts in this case differ from those in many of our cases concerning convictions of negligent operation of a motor vehicle under G. L. c. 90, § 24 (2) (a ), because here the defendant's car did not drift, weave, or swerve; the defendant did not drive at an excessive speed, and there was no accident. However, the defendant, after having consumed alcohol, was driving well below the posted speed limit while holding a cell phone approximately one foot from his face, and while showing some signs of intoxication when stopped by a State trooper. These facts are sufficient to prove that the…