Commonwealth v. Bishop

A jury convicted the defendant of operating a motor vehicle while under the influence of intoxicating liquor, in violation of G. L. c. 90, § 24. Her primary argument on appeal is that the trial judge’s instructions to the jury on the issue of involuntary intoxication were erroneous and created a substantial risk of a miscarriage of justice. We affirm.

Background. After a short trial, the jury would have been warranted in finding the following facts. Yarmouth police Officer Raymond Schichilone discovered the defendant, Lise J. Bishop, shortly before midnight at the wheel of her car, stopped in…