Commonwealth v. David Indelicato, July 2, 2010
77 Mass. App. Ct. 182
Probation Modification, Alcohol
Defendant's original conditions of probation following his 3rd conviction of operating while under the influence included mandatory attendance at Alcoholics Anonymous (AA) meetings four times per week. While on probation, police placed defendant in protective custody after encountering him on the street in a state of intoxication. Defendant smelled of, and admitted consuming, alcohol.
A District Court judge modified defendant's conditions of probation to include “no alcohol” and random alcohol screenings. Defendant appealed, arguing that neither a violation of defendant's probation, nor any “material change in circumstances” warranted the modification.
The Appeals Court held that the defendant's being taken into protective custody by the police for extreme intoxication in public was a material change in circumstances within the meaning of case law sufficient to support the motion judge's modification of probation conditions.
Modification of probation conditions affirmed.
- Prepared by AYK
