COMMONWEALTH v. CAREY

No. 87-1158.

26 Mass. App. Ct. 339 (1988)

526 N.E.2d 1329

COMMONWEALTH vs. MARK E. CAREY.

Appeals Court of Massachusetts, Worcester.

August 22, 1988.


Attorney(s) appearing for the Case

Andrew L. Mandell for the defendant.

Katherine E. McMahon, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, KASS, & FINE, JJ.


KASS, J.

As proof of its charge of driving while under the influence of intoxicating liquor, the Commonwealth, in addition to testimony of the arresting officer, offered a videotape recording made when the defendant was booked at the police station. The playback of the tape to a jury of six (we have viewed the tape) was powerful evidence that the defendant's faculties were impaired by drink. Before trial the defense...

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