Commonwealth v. Congdon

The defendant appeals from her conviction of operating a motor vehicle while under the influence of intoxicating liquor, second offense. G. L. c. 90, § 24(l)(a)(l). She raises as the sole issue the ineffective assistance of her trial counsel in posing a question to an investigating officer that elicited an incriminating reply.

The circumstances were these. Police officers were called to a stretch of road on Route 27 in Medfield where the first responding officer found at the roadside an automobile still running but disabled by two flat tires on the passenger side. No one was in the car, but,…