Commonwealth v. Ferola

A jury found the defendant, Nicole Ferola, guilty of operating a motor vehicle while under the influence of narcotic drugs, in violation of G. L. c. 90, § 24(1)(a)(l). On appeal, the defendant asserts that the Commonwealth presented insufficient evidence to sustain her conviction under the statute. We agree, and we reverse the conviction.1

The crime, which is legislatively created, does not criminalize operation under the influence of all narcotics, stimulants, or depressants, but only those “defined in section one of chapter ninety-four C.” G. L. c. 90, § 24(1)(a)(1). Absent proof that the…