| Date: | 06/30/2017 |
|---|---|
| Organization: | Massachusetts Supreme Judicial Court |
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Decision
Decision Commonwealth v. Hebb
Table of Contents
Commonwealth v. Hebb
Commonwealth v. Hebb
Supreme Judicial Court, June 30, 2017
(Defendant’s Rights/Double Jeopardy)
It is not a double jeopardy violation for the Commonwealth to retry a defendant on a complaint charging a violation of G. L. c. 90, § 24 (1) (a) (1), on the theory of operation of a motor vehicle with a percentage of alcohol in his blood of .08 or greater, after a jury acquitted him on the theory of operation of a motor vehicle while under the influence of intoxicating liquor.
In this case, the Commonwealth went to trial on both theories of the complaint, and after the jury returned a verdict on the impaired ability violation only, the judge declared a mistrial on the per se violation. The Commonwealth went forward with a new complaint charging the defendant with a per se violation of G. L. c. 90, § 24 (1) (a) (1). The defendant asserted that retrial violated his double jeopardy rights where the complaint issued after an acquittal on the impaired ability violation.