Commonwealth v. Orben

The defendant, Raymond Orben, was indicted for operating a motor vehicle under the influence of alcohol, fourth offense (G. L. c. 90, § 24[l][o][l]); operating a motor vehicle while his license had either been suspended or revoked because *701of operating a motor vehicle under the influence of alcohol (G. L. c. 90, § 23); and operating a motor vehicle after suspension or revocation, subsequent offense (G. L. c. 90, § 23).

A jury found the defendant guilty of operating under the influence of alcohol and of both charges of operating a motor vehicle with a suspended license. In a separate proceeding…