COMMONWEALTH v. THOMAS


448 Mass. 1034 (2007)

COMMONWEALTH v. JEREMY L. THOMAS.

Supreme Judicial Court of Massachusetts.

April 19, 2007.


Attorney(s) appearing for the Case

Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth.

Barry Auskern for the defendant.

Timothy J. Cruz, District Attorney, & Robert C. Thompson, Assistant District Attorney, for District Attorney for the Plymouth District, amicus curiae, submitted a brief.


Jeremy L. Thomas is charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of G. L. c. 90, § 24 (1) (a) (1), and failing to stop. He was pulled over at 1:10 A.M. after a police officer observed his vehicle fail to stop at a stop sign. On approaching the vehicle, the officer detected the odor of an alcoholic beverage. Thomas admitted to consuming a few beers and did not perform satisfactorily on multiple field sobriety...

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