Commonwealth v. Gibson

On February 9, 2010, the defendant, Henry T. Gibson, was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI), second offense, G. L. c. 90, § 24(l)(a)(l), and failure to stop at a red light, G. L. c. 89, § 9. After a District Court jury returned a guilty verdict on the OUI charge, the defendant pleaded guilty to the second offense portion of the charge. On appeal, he claims that the judge erred in instructing the jurors on the absence of breathalyzer evidence and improperly denied his motion for a required finding of not guilty. We reverse.

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