Commonwealth v. Engstrom, 122 N.E.3d 1098 (2019)

Citation: Commonwealth v. Engstrom, 122 N.E.3d 1098 (2019)
Parent Document: Commonwealth v. Engstrom, 122 N.E.3d 1098 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-01-03
Original Source: https://www.courtlistener.com/opinion/7178502/commonwealth-v-engstrom/ ↗

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Further, although the defendant makes much of the absence of a collision or near collision, "[t]he statute only requires proof that the defendant's conduct might have endangered the safety of the public, not that it in fact did." Commonwealth v. Ferreira, 70 Mass. App. Ct. 32, 35 (2007), citing Commonwealth v. Duffy, 62 Mass. App. Ct. 921, 923 (2004). See Commonwealth v. Constantino, 443 Mass. 521, 526-527 (2005) ("a person may operate a vehicle in such a way that would endanger the public although no other person is on the street"). The defendant drove her vehicle off a familiar interstate highway frequented by other drivers, onto the median between the north and southbound lanes. The vehicle traveled approximately fifty yards off of the roadway, and spun around before coming to rest. The evidence of the defendant's behavior, when viewed in relation to these attendant circumstances, was sufficient to prove that her conduct might have endangered the lives of the public. See Duffy, supra at 922-923.

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