Commonwealth v. Roach

After a jury trial in the District Court, the defendant, Michael Roach, was convicted of negligent operation of a motor vehicle and acquitted of operating while under the influence of alcohol (OUI).2 On appeal, the defendant argues (1) the evidence was insufficient to sustain the conviction; and (2) a jury instruction on negligent operation should include the requirement that the offense occur within an "ascertainable proximity to another person," and the failure to include such a requirement here was error. We conclude that the evidence was sufficient to sustain the conviction and that the…