Commonwealth v. Dacosta

The Commonwealth appeals from a trial court judge’s allowance of defendant Darci T. Dacosta’s motion for a required finding of not guilty following the defendant’s conviction at a jury trial of operating a motor vehicle with a blood alcohol level of .08 percent or greater in violation of G. L. c. 90, § 24(l)(a)(l). See Mass.R.Crim.P. 25(b)(2), as amended, 420 Mass. 1502 (1995) (rule 25[b] [2]).

The defendant was arrested after the pickup truck he was *387driving was pulled over for an inspection sticker violation. The officer who pulled the truck over observed that the defendant’s speech was…