Commonwealth v. Phelan
Commonwealth v. Phelan
Opinion of the Court
The defendant, John P. Phelan, appeals from his conviction following a jury trial in the Superior Court of operating a motor vehicle while under the influence of intoxicating liquor, G. L. c. 90, § 24 (1) (a ) (1).
1. Sufficiency of the evidence. When reviewing the denial of a motion for a required finding of not guilty, "we consider the evidence introduced at trial in the light most favorable to the Commonwealth, and determine whether a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Commonwealth v. Oberle,
Here, the defendant slowed down and proceeded through a red light. When a police officer tried to effectuate a stop, the defendant backed up towards the police cruiser and had to be told several times to stop. The defendant's eyes were bloodshot and glassy, and the officer noticed a strong odor of alcohol on his breath. The defendant said, "Oh, God, you got me. I'm in trouble." When asked how much he had had to drink, he said, "Oh man, I'm fucked." The defendant staggered when exiting the vehicle and staggered when attempting to perform field sobriety tests, as is shown by the surveillance video. These "classic symptoms of alcohol intoxication" provided sufficient evidence to convict the defendant. Commonwealth v. Gallagher,
2. Admission of nip bottles. The officer recovered four unopened nip bottles of flavored vodka from the defendant's car, which were admitted into evidence without objection. A judge may admit evidence "where its prejudicial effect does not substantially outweigh its probative value," Commonwealth v. Imbert,
3. Closing argument. "Closing argument must be limited to discussion of the evidence presented and the reasonable inferences that can be drawn from that evidence." Commonwealth v. Rakes,
Although it is permissible for the prosecutor to "suggest that the defendant's defense is implausible," Commonwealth v. Fernandes,
Judgments affirmed.
A judge convicted the defendant at a jury-waived trial of the fourth-offense portion of the operating a motor vehicle while under the influence of intoxicating liquor charge.
The defendant raises no challenge to his conviction of operating a motor vehicle after a suspension for being a habitual traffic offender, G. L. c. 90, § 23.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.