The Massachusetts Appeals Court has reinstated a defendant’s conviction after a jury reasonably found him guilty of operating a vehicle while under the influence, but concluded a trial judge erred when he entered a required finding of not guilty.
In a March 15 opinion, a three-judge panel for the Massachusetts Appeals Court concluded a jury reasonably found defendant, Sean C. Lagotic, guilty of operating a motor vehicle impaired, after he was found on the roadside near a crashed vehicle, requested medical attention, and made “repeated confessions” to multiple persons that he operated the vehicle. An officer testified that the defendant agreed to perform field sobriety tests and that he placed Lagotic under arrest after a series of failed tests.
