Commonwealth v. Rarick
87 Mass. App. Ct. 349
Mass. App. Ct.2015Background
- Defendant Keith R. Rarick was convicted of operating a motor vehicle under the influence of intoxicating liquor, second offense, in Massachusetts.
- A Williamstown police officer stopped Rarick after observing speeding in a clearly posted 45 mph zone and detecting a strong odor of alcohol and glassy, bloodshot eyes.
- Rarick admitted drinking, stating he had had a six-pack with his last beer at 1:00 A.M. and that he had previously consumed several beers that night.
- No field sobriety tests were administered; Rarick remained outside the vehicle under observation for about ten minutes before arrest.
- The defense presented Diana Dawley, Rarick’s girlfriend, who testified that he drank little that evening and had no concerns about his ability to drive, but her testimony was partly exculpatory.
- The Commonwealth presented evidence that he had consumed at least six beers and was speeding, supporting impairment, notwithstanding the lack of erratic driving or accidents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for impairment | Rarick's impairment was proven beyond reasonable doubt. | Evidence did not establish diminished driving capacity. | Evidence sufficient to show impairment beyond reasonable doubt. |
| Standard of review | Latimore standard applies; must view evidence in light favorable to Commonwealth. | Evidence should be weighed more stringently against the defense. | Latimore standard applied; no weighing against defense. |
| Role of lay witness opinion | Officer's lay opinion that driver was intoxicated is permissible and probative. | Opinion about diminished driving capacity should be reserved for fact finder. | Lay opinion properly used; did not cross boundary into improper opinion. |
| Need for erratic driving or field tests | Actual driving or field sobriety tests not required if evidence shows diminished capacity. | Lack of field sobriety tests weakens inference of impairment. | Impairment proved by combination of beer consumption, odor, eyes, and speeding. |
Key Cases Cited
- Commonwealth v. Connolly, 394 Mass. 169 (Mass. 1985) (defining impairment standard for driving while intoxicated cases)
- Commonwealth v. Latimore, 378 Mass. 671 (Mass. 1979) ( Latimore standard for sufficiency review)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (reasonable doubt standard for jury verdicts)
- Commonwealth v. Cullen, 395 Mass. 225 (Mass. 1985) (weighing of evidence in sufficiency review; not the standard here)
- Commonwealth v. Canty, 466 Mass. 535 (Mass. 2013) (distinction between lay opinion and opinion on impairment)