Commonwealth v. Otero
Commonwealth v. Otero
Opinion of the Court
Following a jury trial in the District Court, the defendant, George Otero, was convicted of operating under the influence of alcohol (OUI) and in a jury-waived trial was convicted of OUI, fourth offense. On appeal, the defendant challenges the sufficiency of the OUI and the subsequent offense portion of the conviction. We affirm.
Background. The jury could have found the following facts on the OUI portion of the charge. On August 14, 2015, at 11:30 P.M. , State police troopers James Foley and Jason Lambert observed a large pickup truck, towing a trailer, stopped in traffic and obstructing the right travel lane. When the troopers approached the vehicle, Foley observed that the defendant was "slumped forward" in the driver's seat with his head down and that the vehicle was still running. Foley tapped on the window and the defendant sat up. Foley instructed the defendant to pull to the side of the road several times before he complied. Foley asked the defendant where he was going. The defendant answered that he was both coming from and going to Woburn. Foley observed that the defendant appeared disheveled, had "glassy bloodshot eyes," smelled of alcohol, was unsteady on his feet, and that his speech was slurred. He used the guardrail on the side of the highway to maintain his balance. The defendant was placed under arrest. During the ten-minute drive to the State police barracks in Medford, the defendant fell asleep. During the ride, the odor of alcohol was so strong that the trooper had to open a window to get some air in the cruiser.
The judge could have found the following facts on the subsequent offense portion of the charge. The defendant was twice convicted of driving under the influence (DUI) in New Hampshire in 1993 and 1998.
Discussion. 1. Sufficiency of evidence of the OUI. We review the evidence in the light most favorable to the Commonwealth. Commonwealth v. Latimore,
The defendant's pickup truck was stopped in a travel lane of Interstate 93 in heavy traffic. He was slumped over the wheel and the truck was still running. In addition, the defendant was confused as to his whereabouts; had glassy, bloodshot eyes; his speech was slurred; he was unsteady on his feet; he smelled of alcohol; and when he was transported to the barracks, he fell asleep while handcuffed. See Commonwealth v. Gallagher,
2. Sufficiency of evidence of the prior convictions. The defendant contends that the two New Hampshire dockets contained limited identifying information such that the evidence was insufficient to convict him of a fourth offense OUI. "The sufficiency of docket sheets as evidence of prior convictions is well settled in the Commonwealth." Commonwealth v. Jewett,
The New Hampshire docket sheets indicate that George Otero, with the same date of birth as this defendant, was convicted of DUI in 1993 and 1998. See Jewett,
Judgment affirmed.
The parties stipulated that New Hampshire Division of Motor Vehicles destroyed all original paper copies of convictions prior to the year 2006.
The defendant contends that the Commonwealth must prove that he drove erratically. To the contrary, "the Commonwealth need not prove that the defendant actually drove in an unsafe or erratic manner." Commonwealth v. Connolly,
The New Hampshire DMV records list a height of seventy inches; the Massachusetts RMV records list a height of five feet, eleven inches.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.