COMMONWEALTH v. DIAZ


19 Mass. App. Ct. 29 (1984)

471 N.E.2d 741

COMMONWEALTH vs. KEVIN V. DIAZ.

Appeals Court of Massachusetts, Middlesex.

November 29, 1984.


Attorney(s) appearing for the Case

Nona E. Walker for the defendant.

Karen J. Kepler, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KASS, & SMITH, JJ.


KASS, J.

As might be expected on a holiday weekend, traffic on July 5, 1982, was moderate to heavy on Route 128 as it coursed through Lexington. Several witnesses, the jury could have believed, saw the defendant's car travelling much faster than the fifty-five miles per hour at which traffic was moving (A State trooper put the defendant's speed at ninety miles per hour) and noticed that car veering from lane to lane. In the course of his high speed lane switching...

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