Commonwealth v. Nicholson

This is an interlocutory appeal by the Commonwealth from a District Court judge’s allowance of the defendant’s motion to dismiss. The charge, alleging that the defendant operated a motor vehicle while under the influence of alcohol (OUT), was dismissed on the ground that the police officer made an invalid extraterritorial arrest of the defendant. We vacate the judgment dismissing the criminal complaint.

We summarize the undisputed events leading up to the defendant’s arrest. The defendant was first reported by another motorist to be driving erratically in West Bridgewater. Shortly thereafter,…