Pellegrine v. Commonwealth

The petitioner, Christopher M. Pellegrine, appeals from the denial of his petition under G. L. c. 211, § 3, by a single justice of this court. We affirm.

Pellegrine has been charged with operating a motor vehicle while under the *1005influence of liquor, G. L. c. 90, § 24 (1) (a) (1), and a civil infraction of failing to stop or yield, G. L. c. 89, § 9. A jury trial on these charges commenced in the District Court. One of the Commonwealth’s witnesses, a police officer, testified that when he stopped Pellegrine’s vehicle, there was a beer can under the driver’s seat, that the floor mat was drenched…