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COMMONWEALTH v. MANSUR

SJC-12745.

484 Mass. 172 (2020)

COMMONWEALTH, v. SHAWN P. MANSUR.

Supreme Judicial Court of Massachusetts, Middlesex.

February 21, 2020.

Attorney(s) appearing for the Case

Edward Crane for the defendant.

Hallie White Speight , Assistant District Attorney, for the Commonwealth.

Rebecca Kiley , Committee for Public Counsel Services, for Rufus Wornum, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

In the instant case we are asked to decide whether possession of an open container of alcohol in a motor vehicle is a civil infraction or a criminal offense. The defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI), in violation of G. L. c. 90, § 24(1)(a)(1); possessing...

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