Legal Opinion

Commonwealth v. Theisen

Massachusetts Appeals Court

Decided February 23, 2018No. 16–P–1429Published

1Opinion of the Court

Following a jury trial in the District Court, the defendant was convicted of operating a motor vehicle while under the influence of drugs, in violation of G. L. c. 90, § 24(1)(a )(1), and negligent operation of a motor vehicle, in violation of G. L. c. 90, § 24(2)(a ).2 On appeal, the defendant challenges the sufficiency of the evidence and the admission of the results of a toxicology test that showed the presence of barbiturates, benzodiazepines, and cannabinoids in his urine.

Background. We summarize the facts the jury could have found in the light most favorable to the Commonwealth. See…

2Cases cited9 opinions

  1. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  2. Commonwealth v. FlebotteMassachusetts Supreme Judicial Court · 1994
  3. Commonwealth v. ConstantinoMassachusetts Supreme Judicial Court · 2005
  4. Commonwealth v. CarriereMassachusetts Supreme Judicial Court · 2014
  5. Commonwealth v. DuffyMassachusetts Appeals Court · 2004

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