Commonwealth v. Casey

Bernadette Casey, the defendant, concedes that, before a Fitchburg police officer found her seated inside her car parked across from city hall, she had been driving under the influence of intoxicating liquor. The question she raises on appeal is whether she could properly be prosecuted for violation of § 56-1 of the Fitchburg General Ordinances, making it a criminal offense to possess an “opened container full or partially full of [an] alcoholic beverage . . . .” Casey was convicted of violating that ordinance. Prior to trial, the defendant moved for dismissal of the complaint “[o]n…