944 N.E.2d 1057
Mass. App. Ct.2011Background
- Defendant Russell J. Beaulieu was convicted of operating a motor vehicle under the influence (fourth offense) and operating under the influence while his license was suspended (count two).
- Event occurred December 19, 2008 in Everett, where Beaulieu hit a parked car, and police observed indicia of intoxication.
- Beaulieu initially denied driving the truck and attempted to influence the owner to misstate who had been driving; his friend was later found not to have been driving.
- Upon arrest, Beaulieu was very unsteady, smelled of alcohol, had red glassy eyes, slurred speech, and remained uncooperative; another officer confirmed intoxication during booking.
- Investigation revealed Beaulieu had three prior OUI convictions; at the time of the latest arrest, his license was suspended for a prior OUI offense.
- The trial court severed the fourth-offense enhancement for count one and the jury convicted on count two as a separate, freestanding offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether count two must be bifurcated. | Beaulieu contends §11A requires separate trial for second/subsequent offenses. | Beaulieu argues bifurcation is compelled by §11A due to enhancement for subsequent offense. | Bifurcation not compelled; count two is a freestanding crime with no enhancement. |
| Admission of prior OUI conviction evidence. | Commonwealth root: certified copy of latest OUI conviction properly redacted and probative of license suspension. | Beaulieu contests admission as improper prejudicial prior bad acts. | Admission proper; limiting instructions given; evidence properly tailored to issue. |
| Admission of defendant's refusal to perform field sobriety tests. | Refusal evidence is admissible where defendant opened the door and motive to show intoxication is relevant. | Curley prohibits such admission under art. 12 unless exception applies. | No reversible error; even if error, overwhelming evidence so no substantial risk of miscarriage. |
Key Cases Cited
- Commonwealth v. Blake, 52 Mass. App. Ct. 526 (2001) (severance when more severe punishment applies to second/subsequent offense)
- Commonwealth v. Clark, 23 Mass. App. Ct. 375 (1987) (redacted prior conviction evidence properly admitted)
- Commonwealth v. Watkins, 425 Mass. 830 (1997) (limiting instructions regarding prior-conviction evidence)
- Commonwealth v. Irwin, 72 Mass. App. Ct. 643 (2008) (door-opening doctrine on evidence of prior conduct)
- Commonwealth v. Johnson, 46 Mass. App. Ct. 398 (1999) (illustrates door-opening concepts in testimony)
- Commonwealth v. Curley, 78 Mass. App. Ct. 163 (2010) (art. 12 prohibitions on field sobriety-refusal evidence)
- Commonwealth v. McGrail, 419 Mass. 774 (1995) (field sobriety evidence standards)
- Commonwealth v. Alphas, 430 Mass. 8 (1999) (standard for evaluating prejudice vs. admissibility)
- Commonwealth v. Freeman, 352 Mass. 556 (1967) (miscarriage-of-justice standard for evidentiary error)
- Commonwealth v. Zuzick, 45 Mass. App. Ct. 71 (1998) (severance considerations under §11A)