Commonwealth v. Gonsalves

The defendant appeals from his conviction of operating under the influence (OUI), fourth offense, in violation of G. L. c. 90, § 24.

1. Erroneous admission of prior OUI convictions. Neither the parties nor the judge intended that evidence of the defendant’s prior OUI convictions reach the jury as part of the first phase of this bifurcated trial; however, the jury learned of them when a copy of a medical subpoena was inadvertently included in an exhibit intended only to contain the defendant’s medical records.1 The subpoena showed that the defendant was being charged with “OUI-Liquor/.OB, 4th…