Commonwealth v. Gardia

The defendant was convicted by a District Court jury of operating a motor vehicle under the influence of intoxicating liquor, G. L. c. 90, § 24 (1) (a ) (1). On appeal he claims that he was prejudiced by the judge's erroneous jury instructions. We affirm.

The defendant claims that the judge failed to follow the Model Jury Instructions for Use in the District Court (Model Instructions) in her final charge and that her instructions confused the jury, impermissibly lowered the Commonwealth's burden of proof, and deprived him of due process of law.2 At trial, the defendant specifically objected to…