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The jury evidently agreed, and presentation for thesis defense , convicted the defendant of each of the charges against her.

The verdict of felony motor vehicle homicide G. See Note 1, supra. The evidence as to each of these findings is therefore reviewed in turn.

Evidence of Operating to typography an essay in critical history review Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by the Commonwealth, and Wilson G.

Dobson, P. Of Marijuana Memory? Dobson opined that the physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the presentation for thesis defense , impact.

Operating Under the Influence. The first two are depressants; the last, a narcotic. There was no direct evidence as to when the defendant had last taken any of the defense , scheduled medications; nor was there medical evidence e.

CVS Pharmacy records. CVS Pharmacy records for presentation defense the period May 26, and September 27, showed that the defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity.

Date Dosage Quantity. Although there was evidence see below that the cover medical office , latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the OUI and vehicular homicide statutes.

Testimony of Dr. The CVS records further showed that the effect , oxycodone prescription which the defendant filled on August 29 was written by Dr.

Andrew Abela. Abela, a dentist, testified that on August 24, , while the defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to his office for tooth pain.

He extracted a lower molar, and gave her the presentation , oxycodone prescription at that time. His practice is to recommend to patients that if they experience pain, they should first try ice, then Motrin, then Vicodin or Percocet both narcotic analgesics 4; that they should use the minimum narcotic needed to control pain; and that they should not drive if they have taken a narcotic because it can cause drowsiness.

Extraction of a lower tooth, and for thesis , smoking following the procedure the defendant is a smoker , both place the patient at increased risk for dry socket.

Package Warnings. Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in heart rate, trembling, weakness, memory loss, hangover effect grogginess , dreaming or nightmares.

In Critical Review? If these effects continue or become severe, contact your doctor. If you notice other effects not listed above, contact your doctor or pharmacist.

If any of modern typography these effects persist or worsen, contact your doctor or pharmacist promptly.

Evidence as to Therapeutic and Side Effects. Model Essay Spm? She also stated that she had been having trouble sleeping, and that the night before the accident, she had gone to bed about a.

Brower testified concerning the model essay spm , indications, action, and side effects of the medications the defendant had been prescribed.

Of the scheduled medications: 1. Oxycodone Percocet is essay beginnings a narcotic analgesic, derived from the opium plant and used for presentation defense moderate to cover letter front medical severe pain.

Side effects, which can occur in therapeutic doses, include sedation sleepiness or drowsiness ; nausea, stomach upset, and vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and defense , light-headedness.

It metabolizes, and essay beginnings , affects the brain, quickly after ingestion peak effect occurring in an hour , but because its metabolites have similar effects and accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose.

Side effects, which can occur in therapeutic doses, include: impairment of presentation for thesis cognitive and motor functions, especially fine motor coordination; confusion and effect of marijuana , problems with thinking; drowsiness and for thesis , lassitude; dizziness, lightheadedness, and poor coordination.

Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and presentation for thesis , motor functions, and drowsiness.

Effect Of Marijuana? A single dose can affect the patient for up to 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose.

Side effects can include somnolence, fatigue, and blunted mental reactions. Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of psychomotor skills.

Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the presentation for thesis defense , three scheduled medications produce quick relief of acute symptoms.

Essay Writing? There could be other causes as well and patients vary in the severity of their reactions to writing these and other drugs , but any or all of the scheduled drugs are capable of for thesis defense producing these effects.

Topomax, Zyprexa, and especially Effoxor, however, are less potent, and model essay spm , much less consistently associated with these kinds of impairments, than are the scheduled drugs.

The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. In chronological order: 1.

Adam Blumenthal, who appears to narrative essay have been the EMT to presentation for thesis whom Alcantara referred, testified with the aid of modern typography an essay in critical history review his report that the defendant told him she was on Effexor, Topamax, Ativan, and Zyprexa.

In her September 2, and beginnings , September 6, recorded statements to the Groton Police, the defendant said she had taken her medications the morning of the accident.

She stated that she had not driven, or been out of the david nirenberg communities , house, for two weeks prior to the accident excepting her stay on a locked floor at Emerson Hospital.

She listed, and presentation defense , displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs a vitamin , and iron.

She said that the packaging for Topamax, Zyprexa, and defense , Effexor advised caution when operating heavy machinery, but that she had felt OK to model essay spm drive on presentation for thesis , September 1.

She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. Cover Front Desk Office?

Melissa Heys, a nurse with the nearby Groton School, came on for thesis defense , the scene very shortly after the accident, and went to see if the defendant needed help.

She assessed her for head injury, and noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in model essay spm , speech, and able to follow the directions of the EMTs.

Steven Mickle, with the Groton rescue squad and a first responder, testified that the for thesis , defendant appeared alert, oriented, and able to follow instructions and to model essay spm respond to his questions.

On the other hand, Officer Hatch, a Groton Police officer since retired who was among the first responders, testified that he saw the defendant at the scene; that he has known her since she was a little girl; and that in his opinion, she was under the influence of something.

He went to the hospital where she was taken, where she said she had swerved to the right to avoid cars in the oncoming lane. Hatch asker her if she remembered telling him she had swerved to the left; she said she did not.

Erratic Driving. There was also testimony from two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away.

George Krusen and model essay spm , Barry Curcio, who were driving together south on Route in Ayer, encountered a truck coming toward them, driven by a woman at a high rate of speed in the opposite northbound lane.

As they and the truck approached one another at defense a curve in the road, the truck swerved into their lane and beyond, into the dirt by the wrong side of the road.

It did not slow down, and model essay spm , was in their lane for several seconds before veering back into the correct lane of travel.

Krusen, who was driving, slowed down and avoided a collision by model essay spm just a foot or two. Krusen the driver told the police he did not think the modern in critical , truck in the garage was the one he had seen on presentation , Groton School Road.

Modern An Essay History? Curcio, on the hand, testified that he was positive that it was the same truck. The time, place, and for thesis , descriptions of the encounter were such that the essay , jury would have been warranted in concluding that the driver was the defendant, and that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.

Renewed Motion for for thesis Required Finding. Letter Front Office? Latimore, Mass. I determined that although the evidence that the defendant was under the influence of any of the scheduled medications at the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury.

Basch, Mass. Of Violence? Both determinations require that I view the evidence in for thesis defense , the light most favorable to the Commonwealth.

Narrative Essay? Torres, 24 Mass. Virginia, U. Doucette, Mass. This was sufficient to convict for operating to endanger.

See, e. Siciliano, Mass. Bergeron, Mass. Vartanian, Mass. Eyewitness evidence as to the operation of the truck before the for thesis defense , accident was not required.

Gordon, Mass. The evidence concerning operating under the influence presented a closer case, but still one presentable to the jury.

Connolly, Mass. Stathopoulos, Mass. From the evidence summarized above, the jury could have concluded: 1. That the for thesis defense , defendant had been prescribed, had purchased, and thus had access to the three controlled medications; 2.

That her pattern of filling the prescriptions for diazepam and more especially lorazepam indicated regular consumption; 3.

Cover Letter Front Desk Medical? That lorazepam, even if consumed the night before, would still have affected her the for thesis , day of the accident; 5.

That the plaintiff was adequately advised of the sedating and effect on working memory , impairing effects of defense he controlled medications, such that her intoxication was voluntary see Commonwealth v.

Darch, 54 Mass. Wallace, 14 Mass. David Nirenberg Of Violence? As noted above, the case lacked direct evidence that the defendant had taken any of the for thesis defense , controlled medications recently enough to be impaired by effect of marijuana them, and for thesis , it lacked direct evidence of what concentrations she had of any of them.

From the evidence that was presented, however, the jury had enough to conclude that the defendant had access to the drugs; that she had taken oxycodone recently and essay , lorazepam both recently and presentation for thesis defense , regularly; that she appreciated the writing , dangers of the controlled medications, both medically and presentation for thesis , by the time she spoke to the police legally as well; and that her erratic and dangerous driving on of marijuana , the day of the presentation for thesis defense , accident lacked any reasonable explanation other than impairment by one or both of nirenberg these drugs.

This was enough to convict. The question of defense guilt cannot be left to conjecture or surmise. Commonwealth v.

Gilbert, Mass. Motion to Reduce Verdict. Rule 25 b 2 of the for thesis defense , Rules of Criminal Procedure provides as follows: Motion After Discharge of of marijuana on working memory Jury.

If the motion [for a required finding of not guilty] is denied and the case is submitted to presentation for thesis defense the jury, the motion may be renewed within five days after the jury is discharged and may include in the alternative a motion for a new trial.

If a verdict of guilty is returned, the judge may on motion set aside the verdict and order a new trial, or order the entry of writing service a finding of not guilty, or order the entry of a finding of guilty of for thesis any offense included in the offense charged in the indictment or complaint.

The Rule incorporates the statutory authority conferred by G. Modern Typography History Review? The postconviction powers granted by the Legislature to the courts at both trial and appellate levels reflect the evolution of legislative policy promoting judicial responsibility to ensure that the result in every criminal case is consonant with justice.

An Essay In Critical Review? Woodward, Mass. The judge, formerly only an umpire enforcing the presentation for thesis defense , rules, now must determine whether, under the special circumstances of this case, justice requires lowering the level of guilt ….

The facts, as well as the law, are open to consideration. Woodward, WL Mass. This broad authority is nonetheless subject to prudential limitations.

Keough, Mass. Carter, Mass. The defendant offers two reasons for defense a reduction of the verdict in this case, from felony to cover letter office misdemeanor vehicular homicide i.

The lack of any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on the day of the accident; or that her driving ability was actually impaired; and.

The evidence as to ingestion, intoxication, and for thesis defense , impairment is nirenberg of violence summarized above and need not be repeated here.

That said, there was a good deal of presentation for thesis defense circumstantial evidence which, taken in its entirety, is difficult to discount.

Perhaps the strongest single piece of evidence came, not from medicine or from pharmacology, but from physics and accident reconstruction.

As noted above, the essay beginnings , verdict-reduction power conferred by G. Some room for reflection and correction is necessary, in all cases but especially in these.

Its determination on the evidence presented in this case was not a simple or an easy task, to david communities be sure, but there is no reason to suppose that it was beyond the ability of the jury.

That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in its quantity and its overall quality.

Trial presentations for presentation defense both sides were excellent. The offense is operating under the influence.

What is forbidden is not taking medications as prescribed; it is getting behind the wheel of a motor vehicle while impaired, whether by cover letter front desk these or by other, enumerated substances.

The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely for operating under , and that she thereby caused the death of another person for vehicular homicide.

Impairment by a prescription drug may be as dangerous as impairment by presentation alcohol or a drug of abuse which for some drugs is precisely the reason a prescription is required.

The statute aims to keep the impaired driver off the road in either case. The date for sentencing remains November 5, at p.

A conviction for felony vehicular homicide requires findings both that the defendant was operating under the presentation defense , influence, and that she was operating to endanger and that her operation caused the death of another.

Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in death.

Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. The week that trial began I held an evidentiary hearing, over two mornings, concerning the presentation defense , admissibility under Commonwealth v.

Lanigan, Mass. Abela asks his patients whether they have has a satisfactory experience with either or these medications.

Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for her, he will prescribe Percocet.

He said they have no effect on your driving. Balser and the police witnesses were in agreement that the decision whether or not to test for intoxication is a medical one, made by the physician and not under the direction of presentation for thesis defense law enforcement.

Brower, of the calming and sedating effects of lorazepam and diazepam. The jury might also have concluded, reasonably, that the effects of these medications would be less familiar to a layperson, including a police officer, than the effects of, say, alcohol.

Krusen recalled a Ford Ranger pickup he drives one too of an indeterminate color, possible two-toned, driven by a female with brown hair.

The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio.

Kirkpatrick, Mass. Here, there was evidence of ingestion of for thesis multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle.

Massachusetts law is less than clear to this judge at least as to whether a specific unanimity instruction was required in a case such as this.

Eight of these cases cited in note 12 to that opinion were homicides; the presentation for thesis defense , other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute.

Operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license.

Appeals Court of presentation Massachusetts, Suffolk. Argued February 7, Decided January 15, Esther J. Horwich, Boston, for the defendant.

Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth. The defendant appeals from the revocation of his probation, based on evidence that he was operating a motor vehicle under a suspended license.

Probation had been imposed on November 16, , in Brighton District Court, after the defendant admitted to sufficient facts to warrant a finding of guilty on effect of marijuana on working , a charge of operating a motor vehicle under a suspended license.

On January 2, , the defendant was stopped by the Mashpee police on his way home from a football game.

The stop resulted in new charges being lodged against the defendant in Falmouth District Court for operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license.

The new offense triggered the issuance of a written notice of writing a probation violation from the defense , Brighton District Court, stating the defendant was not in compliance with the terms of his probation because of the new complaint.

After a hearing on narrative , March 3, , the judge found that the defendant had violated the presentation , terms of his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in effect on working , the day.

The judge entered a guilty finding,1 and modified the david of violence , terms of defense probation by extending the probationary period to one year from the date of the hearing and imposing a suspended, ten-day house of correction sentence.

We affirm the revocation decision. We summarize the presentation defense , relevant facts as presented at the revocation hearing.

He was forced to steer his police cruiser to narrative the right in order to avoid being hit by a green sport utility vehicle that had crossed the center line.

Read testified at the hearing that he was unable to see who was driving or how many people were in presentation for thesis , the vehicle.

He turned his cruiser around and headed southbound on Route in letter medical , search of the vehicle. Read found it parked at the side of the road.

Read stopped, exited, and walked toward the defendant. As Read approached, the defendant walked to the passenger side of the vehicle, sat in the passenger seat, and began to look through the glove box.

Read asked the defendant where the presentation for thesis defense , driver was; the defendant did not respond. Read asked both the defendant and Crosby who was driving; neither responded.

Read observed food and a cooler with numerous beers in on working , it in the rear of the vehicle. Read determined that the for thesis , defendant was the owner of the vehicle.

Read determined that both the defendant and effect of marijuana memory , Crosby were under the influence of alcohol, and placed both in protective custody.

Officer Paul Coronella was called and arrived at the scene. En route to the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the driver.

When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the driver. Read obtained a signed, written statement from Crosby that the defendant was the for thesis , driver.

After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for operating the memory , motor vehicle on Route while under the influence of intoxicating liquor.

A breathalyzer test revealed the defendant to for thesis defense have a blood alcohol reading of. Read testified that he believed he remembered that the defendant had been read his rights at that point.

On these facts, the defendant raises several issues implicating due process; we find no merit to presentation for thesis defense his contentions and narrative , we affirm.

Written Notification. We agree with the defendant that the written notice was limited on its face to the two charges filed in connection with the incident that occurred on Route , and that the notice of violation of probation did not include mention of his operating the cover office , motor vehicle on presentation for thesis defense , a public way earlier in the day.

We disagree. Durling, Mass. Flexibility is important both to insure the offender the opportunity inherent in the grant of conditional liberty that probation affords, and to insure the Commonwealth the ability to presentation deal expeditiously with a violation of that opportunity.

See id. See also Commonwealth v. Sheridan, 51 Mass. A probation revocation is not a criminal prosecution. In this case, the written notice did not specifically state the basis upon which the judge based the medical , revocation.

In any event, assuming that the failure to specifically enumerate the misconduct on the face of the notice constitutes error, the issue remains whether the defendant was afforded due process.

We conclude that the for thesis , actions of defense counsel in introducing the issue at the inception of the hearing, and in model essay spm , vigorously cross-examining the officer on the issue, amply support the defense , conclusion that any error here was harmless.

With respect to for thesis defense the remaining issue, operating after suspension of license, she indicated a willingness to admit if the david , court were to accept a recommended disposition on the probation violation.

And there are two incidents of operation, one of which I understand my client is accused of admitting that he did. On the writing service gumtree , facts of this case, the defense , defendant is unable to of marijuana on working demonstrate prejudice resulting from any lack of notice, and this failure to presentation show prejudice is essay beginnings fatal to his claim of error.

See Delisle v. Commonwealth, Mass. Odoardi, Mass. Compare Commonwealth v. Streeter, 50 Mass. Exclusion of the evidence.

The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because a the statement was made either prior to his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to his state of intoxication; b again due to his state of david nirenberg communities of violence intoxication, the statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and art.

We disagree with all three contentions. Narrative Essay Beginnings? Following the beginnings , rationale established in presentation for thesis , United States v.

Calandra, U. Vincente, Mass. See Commonwealth v. Olsen, Mass. Vincente, supra at , N. Simon next argues that the statement he made at effect on working memory the police station should have been inadmissible at the probation revocation hearing, on the.

Griffin, 19 Mass. In any event, even were we to essay conclude otherwise, the defendant is not entitled to relief.

In the context of a criminal trial, where evidence of nirenberg of violence intoxication has been presented, and for thesis , the voluntariness of statements is in issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to make an affirmative finding on the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is allowed to consider them.

Van Melkebeke, 48 Mass. Mello, Mass. Connelly, U. Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to defense determine admissibility need take place on typography history , the bases of defense Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to front Fourth Amendment violations.

See United States v. An Essay In Critical? Gravina, F. Compare United States v. Gravina, supra at 54, quoting from United States v.

James, F. Gravina, supra at See also note 9, supra. Further, the police had already placed the defendant under arrest for driving under the influence, and the record shows that their inquiry was targeted to elicit evidence in support of a conviction on that offense, rather than for the purpose of david nirenberg of violence eliciting information by which probation could be revoked.

See Colorado v. Essay Service? Twomey, U. We see no reason that the exclusionary rule be applied in these circumstances.

Accordingly, the State has an overwhelming interest in being able to return an individual to imprisonment without the burden of a new adversary criminal trial if in fact [the probationer] has failed to cover letter medical office abide by the conditions of his [or her probation].

Brewer, U. We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the exclusionary rule.

Letter Medical Office? Olsen, supra at , N. The rules, however, are flexible; hearsay is admissible, and all reliable evidence should be considered.

Scarpelli, U. See Durling, supra at cover letter desk office , N. At a revocation hearing, due process has the ultimate goal of providing an presentation for thesis defense , accurate determination as to whether revocation is proper.

See Durling, supra at , N. An Essay In Critical History? Forde, Mass. Leonard, Mass. As there was corroboration in this instance, we need not reach the issue whether corroboration is in fact necessary for an admission in the context of a hearing on surrender.

As to the claim that the hearsay was unreliable, we note only that Read testified that he was present when the presentation for thesis defense , defendant admitted to driving earlier in the day, and that he had made a note of it in effect , his police report.

Read was present at the hearing and presentation for thesis , subject to cross-examination. The statement was an admission against interest made by the defendant to police officers at a time when the cover letter front desk medical office , officers were investigating him for another alleged crime, operating under the presentation , influence.

The defendant, though present in court, chose to remain silent. Declarations against penal interest are admissible for the truth of the matters asserted.

Cruz, 53 Mass. The hearsay was both credible and nirenberg , reliable. Order revoking probation affirmed. Villalobos, Mass. In accordance with Rule 9 of the District Court Rules for defense Probation Violation Proceedings West , the narrative essay , proceedings, which resulted in the imposition of defense a guilty finding and the revocation of modern an essay straight probation, were properly handled pursuant to the procedures applicable to a probation revocation.

See generally Commonwealth v. Maggio, Mass. We look to the testimony given by Officer Read at the surrender hearing. Any variance is narrative essay beginnings not material to for thesis our decision.

In his written findings, the judge noted that he found the defendant in violation based upon his operation after suspension. Both the Commonwealth and the defendant adopt that position in this appeal.

The rule went into effect four days prior to the notice of surrender. He stated that he drove from his house in narrative essay beginnings , Brockton to Crosby home in defense , East Bridgewater, picked up Crosby and model essay spm , then Crosby drove his vehicle to the game.

Gravina, supra, and cases cited. See also Annot. The Supreme Judicial Court, in Commonwealth v. Tate, 34 Mass.

DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to defense an area adjacent to the checkpoint for administration of field sobriety tests.

Cheryl A. Appeals Court of Massachusetts. James M. Milligan, Jr. Michelle R. King, Assistant District Attorney, for the Commonwealth.

Cheryl Bazinet, the defendant, was stopped at a sobriety checkpoint on Route 20 in the town of Auburn on July 22, A State trooper working the checkpoint spoke with her and typography an essay , detected an odor of alcohol.

Consequently, the trooper, although he had made no observations of the defense , manner in which she had been operating her vehicle, directed her to an area adjacent to david of violence the checkpoint for administration of field sobriety tests.

When Bazinet stepped out for thesis of the vehicle, the trooper observed that she had? Bazinet consented to a breath test which revealed an alcohol level greater than.

See G. Before trial, Bazinet moved to dismiss the complaint on grounds that the cover letter desk medical , checkpoint procedures were not consistent with constitutional requirements.

Before hearing the motion, a judge of the District Court reported the case for an answer to two questions of law he said arose frequently in the District Court.

See Mass. Caracciola, Mass. The questions are these:? The Massachusetts State Police General Order TRF [which governed operation of the checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the operator is narrative OUI, to further detain an operator directing them from the presentation defense , screening area to the OUI checking area Pit.

Is mere odor of alcohol sufficient reasonable suspicion to cover desk medical office further detain an operator for further testing?

Is the Massachusetts State Police guideline on sobriety checkpoints general order TRF as applied to the sobriety checkpoint stop in for thesis , question on.

The general subject of the reported questions was discussed by the Supreme Judicial Court in Commonwealth v. Murphy, Mass. In essence, the court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF, as supplemented by written operational instructions from the history review , troop commander to the officer in charge of a specific checkpoint, met constitution standards.

We think that the decision in Murphy requires an affirmative answer to both questions. Murphy, supra at , N.

The court said that the? See State v. Rizzo, Mich. Kansas Dept. Hernandez-Rodriguez, Ohio App. Narrative Beginnings?

From the record, however, it appears that the checkpoint the State police conducted in this case was governed both by General Order TRF and by operational instructions contained in a letter from the for thesis defense , troop commander to the officer in charge of the checkpoint, as well as by Order DFS Order TRF As noted, the court ruled that checkpoints carried out in presentation for thesis , accordance with those orders were constitutional.

Insofar as Order DFS adds something new to the instructional matrix, it imposes a? McGeoghegan, Mass. Anderson, Mass. In light of the foregoing, the answer to effect of marijuana on working memory reported questions one and two is presentation?

This appears to be a typographical error. Typography An Essay? Later in the opinion, the court said that? TRF requires a predicate of reasonable articulable suspicion based on the observations of the defense , initial screening officer e.

David Communities Of Violence? We think that nothing of consequence flows from the omission. As a consequence of a motor vehicle accident on January 26, , a Superior Court jury convicted the defendant Shelley King of 1 operating a motor vehicle while under the influence of intoxicating liquor OUI , G.

Entered: January 27, Moreover, rule decisions are not circulated to the entire court and, therefore, represent only the presentation defense , views of the an essay history , panel that decided the presentation for thesis , case.

A summary decision pursuant to modern an essay history rule , issued after February 25, , may be cited for its persuasive value but, because of the for thesis , limitations noted above, not as binding precedent.

As a consequence of a motor vehicle accident on January 26, , a Superior Court jury convicted the service , defendant Shelley King of 1 operating a motor vehicle while under the influence of presentation for thesis intoxicating liquor OUI , G.

The defendant has appealed upon two grounds: 1 that the presentation defense , judge failed to follow appropriate procedure for on working determination of the exposure of members of the presentation for thesis defense , jury to prejudicial publicity during the course of the trial; and of marijuana memory , 2 that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences.

Factual background. The evidence permitted the jury to find the following facts. On the afternoon of January 26, , the defendant consumed four or five beers at her home in Lynn between P.

At about P. She took with her an additional can of beer, opened it, and cover front , put it in her handbag in the car.

At a major intersection in Lynn and after she had taken a drink from the open can, she made an unlawful turn across three lanes, up and over a median island, and across two more lanes, so as to drive up to and against the front door of a restaurant not the restaurant to which she was headed for presentation defense purchase of food.

The impact of travel over defense , the island and possibly up against the restaurant entrance resulted in a bleeding chin wound requiring seven stitches.

A samaritan offered immediate assistance. She did not respond to essay gumtree his instruction to put the car in park gear; he did so and turned off the ignition.

He noticed that her speech was slow and that an odor of alcohol was in her breath. A Lynn police officer responding to for thesis defense the scene also smelled alcohol both from her breath and from the interior of the automobile.

The officer also observed glassy and bloodshot eyes and slurred speech. He saw the open beer can inside the automobile.

An Essay History Review? He formed the opinion that she had been driving under the presentation , influence of alcohol. At trial, after two days of nirenberg of violence empanelment and testimony, the Lynn Item newspaper published a morning article about the case.

At the beginning of the third day of trial, all counsel and the judge discussed the appearance of the article. When the jury entered the courtroom, the judge addressed the defense , following question to them.

Okay, nobody is raising their hand. All right, so we will resume with the trial. Later that day, after the close of the evidence and in modern an essay in critical history , the course of final instructions to the jury, the judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and for thesis defense , exhibits received in effect , the courtroom.

Again, defense counsel had no objections to the pertinent portions of the instruction. After the return of the jury verdicts, the finding of the bench trial, and the submission of the plea of guilty to operating after suspension or revocation for prior OUI violations, the judge imposed sentencing from the for thesis defense , bench.

His comments included the following. At the conclusion of his announcement of the respective sentences, he made the following one-sentence statement.

On appeal and for the first time, the defendant argues that the judge should have conducted individual voir dire interrogation of each juror in order to determine whether he or she had experienced any exposure to the Lynn Item newspaper article.

Azar, Mass. The defendant relies upon the case of Commonwealth v. Jackson, Mass. The court in that instance set out the following standard operating procedure for instances of discovery of modern in critical history potentially prejudicial publicity during the course of trial.

As the governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the judge has no further duty to carry out individual questioning.

Consequently, the judge here complied with the standard of the narrative , Jackson rule. That danger has become all the more serious as a result of the an essay history , evolution of Internet technology.

Both doctrinally and practically the judge committed no error in presentation for thesis defense , these circumstances. Mills, Mass.

Cover Letter Front Medical? In that light, it reflects reasons and not emotion. He observed that she may well have had a hard life.

At the same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to public safety.

His sentencing scheme removed that peril for the period of presentation for thesis years imposed for confinement. The sentencing fell within the bounds of rational discretion.

The Jackson case creates no such duty. Specific reference would raise the presentation for thesis , risk of nirenberg juror research.

Appeals Court of Massachusetts, Argued Feb. Decided June 1, Sharon Dehmand for the defendant. Nick Kaiser Kris C.

Foster, Assistant District Attorney, with him for the Commonwealth. Observed obviously intoxicated and urinating in public immediately after driving onto a pier in the Charlestown section of typography an essay history Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol.

OUI , fifth offense, in violation of G. On appeal, he argues that the letter desk office , pier on which he was arrested was not a public way under the statute, that he received ineffective assistance of counsel, and presentation for thesis defense , that the judge considered improper factors in sentencing the defendant.

We affirm. The jury were warranted in finding the following facts: Pier 4 is model essay spm located in the Charlestown Navy yard.

The pier is presentation defense surrounded on nirenberg of violence , all sides by water and accessible by automobile only by way of public streets.

As described by a police officer,? Off of Terry Ring way, there is essay a short paved area that cars can go down and presentation , stop about fifty yards down.?

Entry to the pier is then through a swinging gate. Next to the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on the pier.

The pier was paved and had streetlights. This caught his attention because he understood from signage at the pier, his city employment, and his activities at the pier that unauthorized vehicles were not allowed on the pier.

Essay Service Gumtree? The vehicles he had seen on the pier were? A police officer also testified that? Spinetto approached the end of the pier where the truck had stopped, and he observed the defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating.

He noticed that the defendant was? Spinetto attempted to dissuade the defendant from driving, but the defendant got back into office , the truck and attempted to leave the scene.

Subsequently, Smargiassi called , and firefighters arrived and held the defendant. Shortly thereafter, the national park rangers and Boston police arrived.

After examining the truck, in which they found beer, and presentation for thesis defense , talking to the defendant, the police placed the nirenberg communities of violence , defendant under arrest.

Public way. In order to sustain an OUI conviction, the Commonwealth must prove that the offense took place?

This element has been further interpreted by the Supreme Judicial Court to require that the? George, Mass.

Endicott, 17 Mass. Kiss, 59 Mass. Smithson, 41 Mass. In making that determination, we look to see if the defense ,? Hart, 26 Mass.

Modern History Review? Some of the usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and presentation for thesis , abutting houses or businesses.?

Stoddard, 74 Mass. Colby, 23 Mass. Indicia that the way is not accessible to the public include signage or barriers prohibiting access.

Deeds are also relevant considerations. Hazelton, 11 Mass. The focal point of the desk , case was whether Pier 4 was a public way.

To that end, the presentation defense , Commonwealth introduced evidence that there is an MBTA ferry stop on the pier, photographs showing indicia of accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property?

The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to authorized vehicles.

In sum, the status of the effect , pier as a public way is a close question. There was ample evidence that the pier was public and a way and paved and lit in a manner suitable for vehicular traffic.

The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the Supreme Judicial Court stated in Commonwealth v.

In the instant case, the presence of a gate and signage are strong indicators that restrictions on public vehicular access were in place.

However, the gate blocking vehicular access to the pier was not locked and could be opened by the public, as it was by the defendant. Although witnesses described a sign that limited access to authorized vehicles, the writing service gumtree , sign appearing in the photographs included in the trial exhibits was small and partly washed out.

The deed also expressly provided for vehicular access to the public. The presence of david communities a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at presentation for thesis least in the absence of signage to the contrary.

We need not, however, resolve this close question because it was obvious that the defendant was driving under the influence of alcohol not only on the pier, but also on the public roads leading to the pier.

The defendant was also observed driving quickly, close to of marijuana on working memory the entrance of the pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the presentation for thesis , pickup to service gumtree the.

The defendant was observed immediately upon his arrival, smelling of alcohol, blurry-eyed, unsteady on his feet, and having to urinate in public.

Proof of operating under the presentation defense , influence on a public way may? Petersen, 67 Mass. David Nirenberg Communities? Wood, Mass.

Here there was sufficient circumstantial evidence to provide the for thesis , necessary proof of all three elements of the offense: the public way, the driving, and the impairment.

Rather her detailed instructions on public way appropriately included the model essay spm , following:? Any street or highway that is presentation defense open to office the public and is controlled and maintained by some level of government is what we call a public way.

This includes, for instance, interstate and presentation , state highways, as well as municipal streets and roads.?

Thus, the instructions on public way encompassed the letter front desk , public roads on which the defendant testified that he drove to arrive at the pier.

Remaining issues. We need not belabor the remaining issues. Saferian, Mass. The defendant contends that Spinetto should not have been given the opportunity to give?

Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of justice.

Ante at , N. That analysis freed us from the need to medical resolve the? As usual, we have avoided possible contradiction of precedent still approved by presentation defense the Supreme Judicial Court.

Significant facts. The language of the statute relevant to our concern was last revised in , see St. Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle … while.

The opinion of the court describes the location, the access roads, the gate, and signage related to for thesis defense the pier.

Ante at david nirenberg communities of violence , N. Four important and presentation , independent circumstances of the use of the pier emerge as well from the evidence.

A commuter ferry service conducted by modern typography an essay in critical history review the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from presentation for thesis defense which they could walk across it.

An instructional sailing club conducted a program for children from the pier; their parents and friends would observe their. The pier contained benches on which pedestrian visitors could rest.

He drove his pickup truck at a high speed onto the pier; got out and urinated onto typography an essay in critical history one of the presentation defense , benches; reentered the truck and backed into david nirenberg communities of violence , another bench; and then backed up further so as to collide with a storage shed used by the sailing club.

The truck suffered substantial damage; the defendant got out again and walked away from it. Major case law.

A sensible and direct application of the words of the statute to the circumstances of the pier and the actions of the defendant would appear to make him punishable.

However, the interpretative overlay of the following cases has required that the for thesis ,? That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on narrative essay , the basis of his extraordinary conduct on the pier, but rather on the basis of his inferable driving down separate roadways.

The original act punished simply operation under the influence? It made no reference to operation in a? Early decisions dealing with operation on a?

Clarke, Mass. Clancy, Mass. In , the Legislature rewrote the entire provision. Its opening main clause now declared,? Whoever upon any way, or in presentation for thesis defense , any place to which the public has a right of access, operates a motor vehicle … while under the influence of intoxicating liquor … shall be punished …?

Thus the notion of statutory protection for david nirenberg of violence highway travelers or motorists took hold in the version of the act predating any reference to operation in a?

Subsequent decisions seem never to have caught up with the addition of the concept of a? Despite the added term, the court in Commonwealth v.

Paccia, Mass. The court reasoned that the canon of strict construction of penal statutes required an explicit legislative statement expanding the place of public access to for thesis defense private sites receiving members of the narrative essay , public as business invitees or licensees.

Three years later the presentation , Legislature responded with the additional words? In one subsequent case, Commonwealth v.

Callahan, Mass. The court acknowledged that the amendment had? There is reason to believe that [the amendment references to invitees and presentation for thesis , licensees sought] to address the problem of accidents in places?

In its last assessment of this portion of the act in , the court held that the center field area of a public school baseball field did not qualify as a public way or place to essay writing gumtree which the public had access by for thesis defense motor vehicle as of right or as invitees or licensees because both physical barriers and?

Nirenberg Of Violence? The court noted that its prior decisions had assumed? The issue. None of the cases appears to defense have addressed the applicability of the statute to places to which members of the public have access as pedestrian invitees or licensees.

For the following reasons, a continuation of the unexamined assumption that the term? The precise language of the act is the first source of essay writing gumtree insight into its meaning and legislative intent.

Howmedica, Inc. Superior Court Dept. Writing Service? The language extends to presentation for thesis defense impaired operation?

The repeated use of the article? The Legislature did not confine the narrative essay , roles of invitees or licensees to persons conveyed by motor vehicles.

In it had previously broadened coverage of the presentation for thesis defense , act from a? Thank you for sharing your info.

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