Commmonwealth v. Carpinto

The Commonwealth appeals from an order of the District Court allowing the defendant's motion to dismiss a criminal complaint charging him with violating G. L. c. 90, § 24(1)(a )(1), by operating a motor vehicle while under the influence of drugs, as defined in G. L. c. 94C, or the vapors of glue. Because we conclude that there was probable cause for the complaint to issue, we vacate the order dismissing the complaint.

Background. The application for the criminal complaint was submitted with a "case/incident report" from the Salem police department. The report stated that Officer Max Zirin…