Commonwealth v. Firmin

The defendant appeals from her conviction by a District Court jury of operating a motor vehicle while under the influence of alcohol, second offense, G. L. c. 90, § 24(l)(a)(l), on the basis that the trial judge gave a coercive jury instruction. We agree.

Background. In the early morning hours of February 29, 2012, a Framingham police officer stopped a vehicle he had been following after he observed it making some erratic movements. The officer determined that the defendant was driving, and that she was under the influence of alcohol. The defendant was arrested and tried for operating a motor…