Commonwealth v. Kimenker

The defendant was convicted of negligent operation of a motor vehicle, in violation of G. L. c. 90, § 24(2)(a ), and now appeals from the denial of her motion for new trial.2 Her principal claim is that G. L. c. 90, § 24(2)(a ), is unconstitutionally vague. We affirm.

Background. We summarize the relevant facts as the jury could reasonably have found them. On December 18, 2014, a Weymouth police officer observed a Toyota 4Runner driving northbound on Route 3A, a heavily-traveled four-lane road. He witnessed the car swerve back and forth, cross the double yellow center line, and at one point,…