Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests
The Supreme Judicial Court of Massachusetts ruled that a defendant accused of operating a motor vehicle while under the influence (“OUI”) has the right to prevent a jury instruction that could cause the jury to speculate about facts not in evidence. Michael Wolfe was arrested and charged with OUI after a Marlborough police officer observed