September 11, 2018.
N.E.3d 160] COMPLAINT received and sworn to in the Chelsea
Division of the District Court Department on August 31, 2015.
The case was tried before Matthew J. Nestor, J.
P. Lattimore, Boston, for the defendant.
Christopher Boutin, Assistant District Attorney, for the
Vuono, Agnes, & Henry, JJ.
N.E.3d 161] A jury in the Chelsea Division of the District
Court Department convicted the defendant of operating a motor
while under the influence of intoxicating liquor (OUI), third
offense, and operating a motor vehicle after his license had
been suspended as a result of a prior OUI
conviction. On appeal, the defendant claims that
the judge erred by allowing in evidence unredacted records of
the registry of motor vehicles (RMV), which contained
multiple references to his refusal to submit to a chemical
test. He also contends that the evidence was
insufficient to prove that he had notice his license had been
conclude that the failure to redact the RMV records was error
and requires us to reverse the judgment on the charge of OUI,
third offense. We also conclude that the Commonwealth failed
to prove notice to the defendant of his license suspension.
Consequently, judgment must enter for the defendant on the
charge of operating a motor vehicle after
August 28, 2015, at about 6:45 P.M., Officer Steven Launie of
the Revere police department was stopped in traffic on the
American Legion Highway in Revere. The defendant’s vehicle, a
gray Toyota Camry, was in front of the officer. After a few
minutes, the defendant pulled out of the lane of traffic onto
the sidewalk and drove approximately 200 feet. Officer Launie
activated his emergency lights and followed the defendant on
the sidewalk, after which the defendant turned into the
parking lot of a liquor store, where he parked without
incident. Officer Launie parked behind the Camry, got out of
his cruiser, approached the defendant’s vehicle, and knocked
on the driver’s side window. The defendant initially held up
his hand indicating that the officer should wait. Officer
Launie knocked again and told the defendant to roll down the
window. The defendant
did not follow the officer’s instruction. Instead, he opened
the vehicle door. Officer Launie instructed him to close the
door, and to remain in the automobile and roll down the [118
N.E.3d 162] window. The defendant complied, and Officer
Launie requested his license and registration. The defendant
produced a Massachusetts identification card and stated that
his girl friend, who owned the vehicle, had his driver’s
license. He could not find the vehicle’s registration,
despite emptying the glove compartment in an effort to locate
it. During this exchange, Officer Launie smelled the odor of
alcohol and noticed ...