SJC upholds OUI conviction for man found in parked vehicle

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The Supreme Judicial Court has affirmed the drunk driving conviction of a defendant found impaired in a parked vehicle.

“The defendant was found behind the wheel of a large automobile. The vehicle was parked on a public way, the key was in the ignition, and the radio was on, although the engine was not running. The defendant’s ability to drive was impaired by alcohol. This case presents the question whether the evidence was legally sufficient to show that the defendant ‘operated’ the vehicle while under the influence of intoxicating liquor (OUI) in violation of G.L.c. 90, §24(1)(a)(1) (OUI statute). We conclude that it was and affirm the defendant’s convictions,” Justice Dalila Argaez Wendlandt wrote for the SJC.

“Here, the defendant was physically incapable of moving from one seat to another in the van and was intoxicated in the driver’s seat with the key in the ignition and the radio on. On this record, the jury could reasonably infer that the defendant intentionally turned the key — a mechanical step that ‘alone or in sequence will set in motion the motive power of th[e] vehicle.’ … And because the defendant was intoxicated in the driver’s seat while the key remained so turned, there was sufficient evidence that he operated the vehicle ‘while under the influence of intoxicating liquor’ (emphasis added). G.L.c. 90, §24(1)(a)(1),” Wendlandt wrote.

The 12-page decision is Commonwealth v. Wurtzberger, Lawyers Weekly No. 10-079-25.