Legal Opinion

Commonwealth v. Curley

Massachusetts Appeals Court

Decided October 25, 2010No. 09-P-1463PublishedCited by 5 opinions

1Opinion of the CourtHanlon, J.

The defendant was convicted after a jury trial of operating a motor vehicle while under the influence of intoxicating liquor in violation of G. L. c. 90, § 24(l)(a)(l).1 On appeal, he argues that the trial judge erred in permitting the Commonwealth to introduce testimony about his failed efforts to take a breathalyzer test. We affirm.

*164Background. The jury could have found the Dllowing: police Officer Craig Perry saw the defendant make an Ilegal right turn through a red light on Main Street in the tov n of Hudson at approximately 3:00 p.m. on September 18, 2C )8. When Perry activated the blue…

2Cases cited5 opinions

  1. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1992
  2. Commonwealth v. McGrailMassachusetts Supreme Judicial Court · 1995
  3. Commonwealth v. HealyMassachusetts Supreme Judicial Court · 2008
  4. Commonwealth v. GrenierMassachusetts Appeals Court · 1998
  5. Commonwealth v. RanieriMassachusetts Appeals Court · 2006

3Cited by5 opinions

  1. Commonwealth v. AdonsotoMassachusetts Supreme Judicial Court · 2016
  2. Commonwealth v. BrownMassachusetts Appeals Court · 2013
  3. Commonwealth v. BeaulieuMassachusetts Appeals Court · 2011
  4. Kasper v. Registrar of Motor VehiclesMassachusetts Appeals Court · 2012
  5. Commonwealth v. St. PierreMassachusetts Appeals Court · 2018

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