Posts tagged "1100114"

Commonwealth v. Oyewole (Lawyers Weekly No. 11-001-14)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us       12‑P‑906                                        Appeals Court   COMMONWEALTH  vs.  RAZAK O. OYEWOLE.     No. 12‑P‑906. Middlesex.     September 18, 2013.  ‑  January 7, 2014. Present:  Cohen, Katzmann, & Agnes, JJ.   Motor Vehicle, Operation, License to operate, Operating under the influence.  License.  Notice.       Complaint received and sworn to in the Woburn Division of the District Court Department on November 27, 2009.   The case was heard by James D. Barretto, J.     Stacy J. Silveira for the defendant. KerryAnne Kilcoyne, Assistant District Attorney, for the Commonwealth.     COHEN, J.  After a jury-waived trial in the District Court, the defendant was convicted of operating a motor vehicle while his driver’s license was suspended for operating under the influence of liquor (OUI).  See G. L. c. 90, § 23, third par.  On appeal he claims that his motion for a required finding of not guilty should have been allowed because the Commonwealth was required and failed to prove (1) that he had not been granted a hardship license, and (2) that he was on notice that his license was suspended.  We affirm. Background.  At the defendant’s brief trial, the Commonwealth called two witnesses and introduced two documents; the defendant did not testify and presented no evidence.  Officer Michael Patterson of the Wilmington police department testified that he was on patrol at approximately 12:30 A.M. on November 26, 2009, when he saw a motor vehicle traveling in the opposite direction without illuminated headlights.  Officer Patterson activated his emergency lights, made a U-turn, and “conducted a motor vehicle stop.”  When the vehicle stopped, Officer Patterson approached the driver (later identified as the defendant) and asked him for his driver’s license and registration.  The defendant, who was the only occupant of the vehicle, provided the officer with what he described in testimony as “a license,” and with a registration showing that the vehicle was a rental vehicle.  On cross-examination, Officer Patterson testified that he confiscated the license shown to him by the defendant; however, the license was not produced at trial, and no further information about it was developed.  When the stop was completed, Officer Patterson placed the defendant under arrest for driving with a suspended license. Sergeant Christopher Ahern of the Wilmington police department testified that he was the shift supervisor on the night in question, and that he arrived at the scene while […]

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Posted by Massachusetts Legal Resources - January 7, 2014 at 4:20 pm

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