In order to proceed on an operating under the influence of alcohol charge in Massachusetts, one element that the Commonwealth must prove is operation. Operation has its own definition under the law. Operation of a motor vehicle occurs whenever a person:
- Is in a vehicle; &
- Intentionally manipulates a mechanical or electrical part of the vehicle;
- Which alone or in sequence will set the vehicle in motion.
Commonwealth v. Ginnetti, 400 Mass. 181 (1987). Operation is an often overlooked but essential element at trial. If you are facing a DUI charge, contact DUI Attorney Shane W. Surrette at (774) 364-4605 or at email@example.com today.