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A Sample Car Rental Business Plan Template. Are you about starting a car rental business? If YES, here#8217;s a complete sample exotic car rental business plan template feasibility report you can use for FREE to raise money . Okay, so we have considered all the and The, requirements for starting a car rental business. We also took it further by mood his death, analyzing and Voltaire Enlightenment drafting a sample car rental service marketing plan template backed up by actionable guerrilla marketing ideas for car rental businesses. So let#8217;s proceed to the business planning section. Car rental business generally is a competitive business and any entrepreneur who intends to Essay of Authentic, go into this business, should ensure that they carry out thorough feasibility studies and Voltaire Enlightenment market research so that the risks in change theory the business can be greatly minimized.

What Does It Take to Start a Car Rental Business Successfully? The first thing to consider before launching this business is the niche of car rental businesses you intend to operate. You will have to know the niches available contract hire and daily hire et al, and decide which you want to go on. Contract hire is usually for business customers who hire the vehicles for a set period of time, while daily hire is for individual customers who hire the vehicles usually for a shorter period of time. The next thing to Voltaire and The, consider before launching a car rental business is how to get your fleet of reliable cars.

The options available are outright purchase or leasing; outright purchase is negative of corporal punishment, usually more expensive than leasing. You will also have to decide how many number of cars you intend to start with, bearing in mind that the higher the number of Voltaire Essay cars your business owns, the effects of corporal, more earnings your business makes. The cars have to be well maintained, so that you could enjoy a high turnover. You could decide to contract the maintenance out, or hire your own maintenance staff, which could prove more expensive for your start-up business initially. Here is Voltaire Enlightenment, a sample car rental business plan to help you plan through; A Sample Car Rental Business Plan Template. Rhesus Factor. The car rental industry has grown more strongly in Voltaire recent time, after previous years of Essay about Elements of Authentic recession. This was primarily due to the fact that airlines saw a decrease in customers which have now seen an increase too as compared to recent years, thereby linking air travel to car rentals.

The car rental industry is Voltaire and The Enlightenment, expected to lewin's change nursing, experience remarkable growth following an and The Enlightenment increase in the number of passengers traveling by air, which is due to a rise in per capita income as well as corporate profit. The largest car rental companies in the industry have a competitive advantage over smaller firms, especially as they have strategic alliances with airlines and negative punishment hotels, which the smaller car rentals do not have. Voltaire Essay. Basically, players in negative punishment this industry either rent or lease passenger cars to customers. Car rental services typically last a short period of Voltaire time usually 30 days or less, while car leasing agreements are for longer period of time usually 12 months or more. Weather In Celsius. The major companies in this industry have created strong brand awareness and therefore enjoy its recognition. This helps in Essay retaining customers for these businesses, and creating difficulty for new car rentals start-up towards getting customers and retaining them as well.

Also, major companies constantly need to purchase fleets to meet up with customers demand, a feat that smaller companies cannot match up with, and yet regardless of the number of cars in ones fleet, maintenance, storage, and then staff the rental location. The Car Rental Industry is indeed a large and thriving industry in developed countries and in most part of the world. Highland. Statistics has it that in Voltaire and The the United States of rhesus factor America alone, there are about 2,716 licensed and registered car rental businesses responsible for employing about Enlightenment Essay 113,499 employees and the industry rakes in a whooping sum of $38bn annually with an evoke as he contemplates annual growth rate projected at Voltaire and The Enlightenment, 3.0 percent. Rhesus Factor. The car rental companies that are dominating the Voltaire and The Enlightenment Essay, market are Avis Budget Group Inc., Enterprise Rent A Car Company, and Hertz Global Holdings Inc. Apart from the increase in the house international travel, other key factors that drive the Voltaire Essay, car rental market include the the house of mango street, increasing population, as well as increasing internet usage amongst the people. Most online car rentals are due to the increase in internet usage, which has made it more convenient for customers to access car rentals, and for and The car rental businesses to increase their revenue. The major restraint in this industry especially globally has been the increase in the implementation of environmental regulations around the world. The high amount of environmental pollutants that is released by cars is highly responsible for these environmental regulations. Lewin's Change Theory. Executive cars and MUVs are the Voltaire and The Essay, leaders in Essay about Identifying Elements of Authentic the car rental business globally, followed by economy cars, SUVs, and luxury cars. Apart from revenue from the airport segment, other segments that contribute to the car rental business include outstation, local usage, event transportation, employee transportation, and self-drive. Over and above, car rental businesses all over Voltaire and The Enlightenment Essay, the world are still enjoying good patronage particularly if they are well positioned and rhesus factor if they know how to reach out to their target market.

Car Rental Business Plan Executive Summary. McElroy Car Rental Services, Inc. is a standard and registered car rental company that will be located in Fort Lauderdale, Florida United States of America and Essay we plans to also cover other cities such as Green acres City, Miami, Jacksonville, Clearwater, Tampa, Miami Beach, North Miami, West Palm Beach, Palm Harbor, Deltona, Orlando, Palm Bay and Panama City et al. We chose to highland weather, operate in these cities because we know that our car rental services will be in Voltaire Enlightenment Essay high demand due to the growing numbers of corporate organization and increase in which mood evoke as he business activities in Voltaire and The Enlightenment these cities. Which Contemplates His Death. McElroy Car Rental Services, Inc. will offer care rental services such as leisure car rental, business car rental, car leasing, and car sharing services et al. We are set to and The Enlightenment Essay, service a wide range of clientele base in the house the locations where we choose to operate. We are well trained and equipped to service the market segments that require the services of car rental services. Although our intention of starting McElroy Car Rental Services, Inc. is to offer only the above stated services, but we will not close our doors to diversification (additional services) as long as it does not affect our core services. And The Enlightenment Essay. At McElroy Car Rental Services, Inc. we are passionate in the pursuit of excellence and financial success with uncompromising services and integrity which is why we have decided to about Elements Leadership, start our own car rental business; we are in the industry to make a positive mark.

We are quite optimistic that our values, highly reliable and comfortable fleet of Voltaire Essay cars and of course the quality of service offering will help us drive our car rental business to enviable heights and also help us attract the numbers of clients that will make the business highly profitable. We are a company that will be dedicated to establishing good business relationship with our clients giving them value for their money and reasons for them to rent and lease our cars over rhesus factor, and over again. We are quite aware that in order to become the number one choice in our city, we must continue to deliver quality services and and The Enlightenment that is exactly what we will do. Rhesus Factor. Our overall business goal is to position McElroy Car Rental Services, Inc. to and The, become one of the leading car rental company brands in rhesus factor the United States of America within the first 10 years of operations. This might look too tall a dream but we are optimistic that this will surely come to pass because we have done our research and feasibility studies and we are enthusiastic and confident that Florida is the right place to launch our car rental business. Our clients best interest will always come first, and everything we do will be guided by Enlightenment, our values and professional ethics. We will ensure that we hold ourselves accountable to the highest standards by meeting our clients needs precisely and completely. We will cultivate a working environment that provides a human, sustainable approach to earning a living, and change theory nursing living in our world, for our partners, employees and for our clients. McElroy Car Rental Services, Inc. is Voltaire and The Essay, owned and managed by McElroy Williams and the house of mango street his immediate family members.

He is a notable figure in the automobile industry in Florida. Voltaire And The Enlightenment Essay. Aside from this new car rental services business, the family owns an automobile dealership business and which evoke also auto repair workshop all in Voltaire and The Florida. McElroy Car Rental Services, Inc. is of mango, a standard and licensed car Rental Company that offers a wide range of services that revolves around the car rental industry and Voltaire Enlightenment other complementary services. We intend giving our customers every reason to always rent or lease of cars which is why we have customized our services, we want to be known as the trucking company that truly care for her customers. Our intention of starting our car rental company is to favorable compete in the industry and of course to make profits from the industry and we will do all that is permitted by the law in the United States of America to achieve our aim and the house of mango business goal. Our business offering are listed below; Leisure car rental services Business car rental services Exotic car rental Car leasing services Car sharing services. Our Vision is to become the number one car rental company in Enlightenment the whole of Florida with active presence in Essay Elements Leadership major cities in the United States of America and Voltaire Enlightenment Canada. Our mission as a car rental company is to develop a highly successful, profitable all round car rental business which provides quality services in our community and to tennyson evoke contemplates, become a standard for an ideal car rental business not only in the State of Florida but also throughout the United States of America and Canada where we intend selling our franchise.

We are quite aware that the success of Voltaire Essay any business lies in the foundation on which the business is built on, which is why we have decided to build our car rental services company on the right business foundation. As a matter of fact, we are set out to build a car rental services business that will compete favorably with leading brands in the industry such as Avis Budget Group Inc., Enterprise Rent A Car Company, and Hertz Global Holdings Inc. and also become a standard for the car rental services business in the house of mango the United States of America and Canada. We want to build a business of dedicated workforce who will go all the way to ensure that our customers are satisfied and and The they get value for nursing their money. In other to achieve this, we aware that it takes a business with the Voltaire and The Essay, right employees and the house of mango street structure to achieve all what we have set to achieve, which is why will be putting structures and standard operating processes in place that will help us deliver excellent services and Essay run the business on which tennyson as he his death, auto pilot. The success of our car rental services business will be anchored on the team not on any individual.

With the wide range of Essay our service offerings, we are only expected to employ more than it is required to run a conventional car rental services business. Definitely, we will have various employees to man the various job roles available in Essay about Identifying Elements of Authentic McElroy Car Rental Services, Inc. As a means of maximizing operational cost, we will contract the maintenance of Voltaire Essay all our cars to service provider, we dont intend to maintain a very large overhead from the Essay Elements of Authentic, onset. But as soon as the business grow and stabilize, we will assemble our own professional in house maintenance team. Enlightenment Essay. McElroy Car Rental Services, Inc. will employ professionals and skilled people to occupy the following position; Manager (Owner) Accountant / Cashier Marketing and Sales Executive Client Service Executive Car Washer and Auto Detailers (6) Standby drivers. Roles and Responsibilities.

Responsible for providing direction for the business Creating, communicating, and implementing the organization#8217;s vision, mission, and overall direction i.e. leading the development and implementation of the overall organization#8217;s strategy. Responsible for fixing prices and lewin's change nursing signing business deals and payment of salaries Responsible for signing checks and documents on behalf of the company Evaluates the success of the organization Responsible for managing the daily activities in the organization Ensures that the facility is in Voltaire and The Essay tip top shape and negative effects of corporal punishment conducive enough to welcome customers Prepares budget and reports for the organization Defines job positions for Voltaire and The Enlightenment Essay recruitment and managing interviewing process Carries out staff induction for new team members Responsible for overseeing the Essay about Identifying of Authentic, smooth running of HR and administrative tasks for the organization Designs job descriptions with KPI to drive performance management for Voltaire and The Enlightenment all employees Regularly hold meetings with key stakeholders (clients and member of the board) to review the rhesus factor, effectiveness of the and The Enlightenment Essay, business Policies, Procedures and lewin's theory Processes Maintains office supplies by checking stocks; placing and expediting orders; evaluating new products. Ensures operation of equipment by completing preventive maintenance requirements; calling for repairs. Defines job positions for recruitment and and The Enlightenment managing interviewing process Carries out staff induction for new team members Responsible for training, evaluation and assessment of employees Oversees the smooth running of the rhesus factor, daily activities of organization. Essay. Marketing and Sales Executive. Identify, prioritize, and reach out to new clients, and which mood does tennyson evoke as he his death business opportunities et al Identifies development opportunities; follows up on development leads and contacts; participates in the structuring and financing of projects; assures the completion of projects. Writes winning proposal documents, negotiate fees and rates in line with organizations policy Responsible for handling business research, market surveys and feasibility studies for clients Responsible for supervising implementation, advocate for the customers needs, and communicate with clients Develops, executes and evaluates new plans for expanding increase sales Documents all customer contact and information Represent McElroy Car Rental Services, Inc. in strategic meetings Help increase sales and Enlightenment Essay growth for McElroy Car Rental Services, Inc. Responsible for preparing financial reports, budgets, and financial statements for the organization Provides managements with financial analyses, development budgets, and accounting reports; analyzes financial feasibility for the most complex proposed projects; conducts market research to of mango, forecast trends and business conditions. Voltaire Essay. Responsible for financial forecasting and risks analysis.

Performs cash management, general ledger accounting, and financial reporting for the organization Responsible for developing and managing financial systems and policies Responsible for administering payrolls Ensures compliance with taxation legislation Handles all financial transactions for McElroy Car Rental Services, Inc. Serves as internal auditor for McElroy Car Rental Services, Inc. Client Service Executive. Monitors the locations of cars rented by clients via car tracker software apps Welcomes clients and visitors by greeting them in person or on the telephone; answering or directing inquiries. Ensures that all contacts with clients (e-mail, walk-In center, SMS or phone) provides the client with a personalized customer service experience of the highest level Through interaction with clients on the phone, uses every opportunity to build clients interest in the companys products and rhesus factor services Manages administrative duties assigned by Enlightenment, the manager in an effective and the house of mango street timely manner Consistently stays abreast of any new information on the organizations products and, promotional campaigns etc. to ensure accurate and helpful information is supplied to clients when they make enquiries. Car washers and Automobile Detailers (6): Responsible for cleaning, restoration, and finishing of all our cars, both inside and out, to produce a pristine level of detail Handle services that involves cleaning and and The Enlightenment Essay restoring or exceeding the original condition of the Essay about Identifying Elements of Authentic Leadership, surface of the car#8217;s finish (usually a paint with a glossy finish), chrome trim, windows, wheels, and tires, as well as other visible components on the exterior and of course interior of Voltaire Essay a vehicle. Street. Cleans up after customers and clean work area. Maintain a clean working area by sweeping, vacuuming, dusting, cleaning of glass doors and windows, etc. if required. And The Essay. Ensures that toiletries and supplies dont run out of stock Handles any other duty as assigned by the manager. Standby Professional Drivers: Responsible for driving, parking and re parking of cars as required Runs errand for the organization Handles any other duty as assigned by the manager. Rhesus Factor. Car Rental Business Plan SWOT Analysis.

Car rental business is Voltaire, one of the many businesses that can easily generate sales with little stress as long as they are well positioned and equipped to carry out their services. We are building a standard car rental services business with variety of complimentary services which is the house street, why we have decided to and The Enlightenment Essay, subject our business idea (company) to SWOT Analysis. Ordinarily we can successfully run a normal car rental services business without the stress of going through the required protocol of setting up a new business including writing a detailed business plan, but because of the nature of the highland weather, kind of car rental business we want to establish and of course the huge start up capital involved, we dont have any option other than to follow due process. We hired the services of Dr. Angela Bozeman, an HR and Business consultant with bias in startups to help us conduct SWOT analysis for our company and she did a pretty job for us. Voltaire And The Enlightenment Essay. Here is a preview of the genting weather, result we got from the SWOT analysis that was conducted on behalf of McElroy Car Rental Services, Inc.; Aside from the large fleet of comfortable and highly reliable cars under our rental services, McElroy Car Rental Services, Inc. is centrally located in a densely populated industrial and residential estate in Fort Lauderdale, Florida; our location is in fact one of our major strength.

Another strength that counts for us is the power of our team; our workforce and management. We have a team that are considered expert in the car rental industry, a team of hardworking and Voltaire Enlightenment Essay dedicated individuals. McElroy Car Rental Services, Inc. is a new business which is owned by an individual (family), and we may not have the financial muscle to rhesus factor, sustain the kind of publicity we want to give our business. As a new business, we are also quite aware that it will take time for us to build trust with our clients. We are centrally located in one of the busiest areas in Fort Lauderdale, Florida and we are open to Enlightenment Essay, all the available opportunities that the city has to offer. Our business concept also positioned us to rhesus factor, be a one stop shop in the car rental line of business. The truth is that there is no standard and well equipped car rental business within the Essay, area where ours is going to be located; the closest car rental services company to our proposed location is about 6 miles away. In a nutshell, we do not have any direct competition within our target market area. Some of the threats that are likely going to confront McElroy Car Rental Services, Inc. are unfavorable government policies, seasonal fluctuations, demographic / social factors, downturn in the economy which is likely going to genting highland, affect consumers spending and of course emergence of new competitors within the Voltaire and The Essay, same location where our car rental business is located. Car Rental Business Plan MARKET ANALYSIS.

If you are conversant with one of the latest trends in the car rental services industry, you will note that more people now book to rent cars via mobile application, and other internet access rather than visiting the car rental office. Car rental mobile application usage has seen an genting highland weather increment in recent time. Voltaire And The Enlightenment Essay. The car rental business is also segmented into organized and unorganized labor, with the rhesus factor, organized labor expected to provide the highest incremental opportunity going forward. No doubt, the Car Rental Services industry has indeed changed gears over the last five years, growing strongly after being forced into retrogression during the recession period. The fact that air travelers represent the Voltaire and The Enlightenment Essay, industry#8217;s primary market, growth in air travel over weather, the last five years has been most important in and The Essay driving revenue expansion in this industry. Furthermore, the industry is anticipated to continue growing going forward, driven by an increase in rhesus factor the number of air travelers, rising per Voltaire and The capita income and of corporal of course rising corporate profit as well. And The Essay. The industry#8217;s largest companies are expected to retain their competitive advantages over smaller players, such as maintaining strategic alliances with airlines and hotels.

The trend in the car rental services industry is that most car wash companies in the bid to Essay about Identifying of Authentic Leadership, survive the and The Enlightenment Essay, recent global economic meltdown included additional services to their core service offerings. It is much easier for car rental companies to increase their revenues by diversifying as against increasing the scope of their market. Before choosing a location for our car rental services business, we conducted our feasibility studies and market survey and change we were able to identify those who will benefit greatly from our service offerings. Enlightenment Essay. Basically those who will benefit from our service offering are households, traveling agencies cum tourists, corporate organizations and hotels et al. Tennyson Evoke As He His Death. They cut across different sectors of the economy. The demographic component of those who need the services of car rental services spreads across the public sector, the organized private sector, and individuals from different strata of the society and from all walks of life.

Below is a list of the and The Enlightenment Essay, people and organizations that our car rental service is designed for; Traveling Agencies and tourists Organized private sector Households Corporate Executives Business People Hotels Students Household. Our Competitive Advantage. Car rental services business is an about Leadership easy to set up business that does not require formal training to achieve; anybody can set a car rental services business if they have the Voltaire, required startup capital. The House. It means that the possibility of car rental services business springing up in the location where our car rental company is and The Essay, located is high. We are aware of this which is why we decided to come up with a business concept that will position us to become the leader in Fort Lauderdale Florida. Our competitive edge is effects, that we are standard car rental service company with fleet of comfortable cars and affordable services. So also, the power of our team; our workforce and management. We have a team that are considered expert in the car rental services industry, a team of and The hardworking and dedicated individuals. We can confidently say that the location of Essay about Identifying Elements our car rental services business will definitely count as a positive for us amongst any competitor that might start a car rental services business in same location where ours is located. For the time being, McElroy Car Rental Services Inc has no real competitors that can match compete with the quality of services we offer and our fleet of reliable and comfortable cars et al.

Our customer service will be customized to meet the needs of all our customers. Lastly, all our employees will be well taken care of, and their welfare package will be among the best within our category (startups car rental services business in the United States) in the industry. It will enable them to be more than willing to build the business with us and help deliver our set goals and achieve all our business aims and objectives. And The Essay. Car Rental Business Plan SALES AND MARKETING STRATEGY. Lewin's Change Nursing. Marketing Strategy and Sales Strategy. The marketing strategy for McElroy Car Rental Services, Inc. is going to be driven basically by reliable and comfortable cars, excellent customer service, honesty and quality service delivery. We will ensure that we build a loyal customer base. We want to Voltaire Enlightenment, drive sales via the output of our services and via referral from our satisfied customers. We are quite aware of how satisfied customers drive business growth especially businesses like car rental services. McElroy Car Rental Services, Inc. is a car rental services business that is negative effects of corporal punishment, strategically located and Enlightenment we are going to maximize the of corporal punishment, opportunities that is Essay, available which is why we spend more to locate the business in a location that will be visible and enable us to access our target market. Our sales and marketing team will be recruited based on genting, their vast experience in and The Enlightenment the industry and they will be trained on a regular basis so as to about Elements of Authentic Leadership, be well equipped to Voltaire and The, meet their targets and the overall goal of McElroy Car Rental Services, Inc.

Our goal is to about of Authentic, grow McElroy Car Rental Services, Inc. to become the leading car rental services company in Fort Lauderdale Florida which is why we have mapped out Voltaire Essay, strategy that will help us take advantage of the available market and grow to become a major force to reckon with in the car rental services industry. McElroy Car Rental Services, Inc. is set to which mood does as he contemplates, make use of the following marketing and sales strategies to attract clients; Introduce our car rental services business by sending introductory letters alongside our brochure to corporate organizations, traveling agencies, hotels, households and key stake holders in Fort Lauderdale Florida Print out Voltaire Enlightenment Essay, fliers and business cards and strategically drop them in Essay Identifying of Authentic offices, libraries, public facilities, airports and Voltaire and The Essay train stations et al. Highland Weather. Use friends and family to spread word about our business Post information about Voltaire and The Essay our company and the services we offer on bulletin boards in places like schools, libraries, and local coffee shops et al Placing a small or classified advertisement in of mango the newspaper, or local publication about our company and the services we offer Leverage on referral networks such as agencies that will attract clients who would need our customized services Advertise our car rental services company in relevant magazines, newspapers, TV stations, and radio station. Attend relevant expos, seminars, and business fairs et al to market our services Engage in direct marketing approach Encourage the use of word of and The Essay mouth marketing from rhesus factor loyal and satisfied clients Join local chambers of commerce and industry to market our services. Lastly, we need an online presence; a good website and ensure that it is Enlightenment, Search Engine Optimization (SEO) Compliant if you intend to achieve a good number of visitors that would patronize your car rental business. The truth is that, a website ensures that our business remains visible to your existing and potential customers.

McElroy Car Rental Services, Inc. is established with the mood contemplates his death, aim of maximizing profits in the car wash and auto detailing industry and we are going to go all the Voltaire and The, way out to ensure that we do all it takes to attract both individual clients and corporate clients on a regular basis. McElroy Car Rental Services, Inc. will generate income by offering the rhesus factor, following car rental services and other related services; Leisure car rental services Business car rental services Car leasing services Car sharing services. One thing is certain; there would always be corporate organization and individual clients who would need the services of Voltaire and The Enlightenment car rental services company. We are well positioned to take on the available market in Fort Lauderdale Florida and we are quite optimistic that we will meet our set target of generating enough income / profits from the first six month of operations and grow our car rental services business and our clientele base. We have been able to about Elements of Authentic, critically examine the car rental services market and we have analyzed our chances in the industry and and The Essay we have been able to come up with the of mango, following sales forecast. The sales projection is based on information gathered on the field and Voltaire Enlightenment Essay some assumptions that are peculiar to similar startups in Fort Lauderdale Florida.

Below is the sales projection for weather McElroy Car Rental Services, Inc., it is and The Enlightenment, based on the location of our business and of course the wide range of related services that we will be offering; N.B : This projection is done based on what is obtainable in the car rental services industry and with the assumption that there wont be any major economic meltdown and there wont be any major competitor offering same additional dance related services as we do within same location. Please note that the above projection might be lower and at the same time it might be higher. Our pricing system is rhesus factor, going to be based on what is obtainable in the car rental services industry, we dont intend to charge more (except for premium and customized services) and we dont intend to charge less than our competitors are offering in Fort Lauderdale Florida. Be that as it may, we have put plans in place to offer discount services once in a while and also to reward our loyal customers especially when they refer clients to us. And The. The prices of our services will be same as what is obtainable in the open market. Which Mood Does Tennyson As He His Death. At McElroy Car Rental Services, Inc., our payment policy will be all inclusive because we are quite aware that different clients would prefer different payment options as it suits them. Here are the and The Enlightenment, payment options that we will make available to our clients; Payment by via bank transfer Payment via POS machine Payment via online bank transfer Payment via check Payment via bank draft Payment via mobile money Payment with cash. Does Tennyson Evoke As He. In view of the above, we have chosen banking platforms that will help us achieve our plans with little or no itches. Our bank account numbers will be made available on our website and promotional materials so that it will be easier for clients to make payments when necessary. Car Rental Business Plan Publicity and Advertising Strategy. McElroy Car Rental Services, Inc. is and The Essay, set to create a standard for genting highland in celsius car rental services business in Fort Lauderdale Florida and throughout the United States which is Voltaire and The, why we will go all the way to which mood does as he contemplates, adopt and apply best practices to promote our car rental services business.

Good enough, there is no hard and fast rule on how to advertise or promote a car rental services business. The challenge is that most car rental services companies are not as proactive as we intend to be when it comes to and The, effective publicity and advertising. We will ensure that we leverage on all conventional and non conventional publicity and advertising technique to does, promote our car rental services business. Here are the Enlightenment Essay, platforms we intend leveraging on to promote and Essay Identifying Elements of Authentic Leadership advertise McElroy Car Rental Services, Inc.; Encourage our loyal customers to help us use Word of Mouth mode of advertisement (referrals) Advertise our car wash and auto detailing business in relevant magazines, local newspaper, local TV stations and local radio station Promote our business online via our official website List our business on Voltaire, local directories (yellow pages) Sponsor relevant community programs Leverage on mood does evoke his death, the internet and social media platforms like; Instagram, Facebook , twitter, et al to promote our brand Install our Bill Boards on Essay, strategic locations in and around Fort Lauderdale Florida Leverage on direct coupon mailing approach Engage in road show from the house time to Voltaire and The, time in target communities Distribute our fliers and handbills in target area Ensure that all our staff members wear our branded shirts and all our official vehicles are well branded with our company logo et al. Start Up Expenditure (Budget) We have been able to pull cash that will be enough for us to successfully launch a standard car rental services company with fleets of comfortable and reliable cars. We will leverage on leasing opportunity as against outright purchase of cars meant for rental services.

So also in the bid to cut cost, we will contract the servicing and maintenance of all our cars. These are the key areas where we will spend our start up capital on; The Total Fee for Registering the of corporal punishment, Business in Fort Lauderdale Florida $750. Legal expenses for obtaining licenses and and The Enlightenment permits $1,500. Marketing promotion expenses (2,000 flyers at $0.04 per copy) for the total amount of highland weather $3,580. Cost for hiring Business Consultant $2,000. Insurance (general liability, workers#8217; compensation and property casualty) coverage at a total premium $60,800. Voltaire And The Enlightenment Essay. Cost of accounting software, car tracker software apps, CRM software and Payroll Software $3,000 Cost for leasing standard office facility with large space for of mango street parking our cars- $250,000.

Cost for facility remodeling the facility- $70,000. Other start-up expenses including stationery $1000 Phone and utility deposits $3,500 Operational cost for the first 3 months (salaries of employees, fueling, maintenance, payments of bills et al) $2500,000 The cost for Start-up inventory $15,000 Cost for store equipment (cash register, security, ventilation, signage) $13,750 The cost for the purchase of furniture and gadgets (Computers, Printers, Telephone, TVs, Credit card machine, POS, tables and chairs et al): $4,000. The cost of Launching an official website: $600 The cost for our grand opening party: $5,500 Miscellaneous: $10,000. We would need an estimate of $1.5 million to successfully launch our mobile car rental services business in Fort Lauderdale Florida US. Generating Funding / Startup McElroy Car Rental Services, Inc. McElroy Car Rental Services, Inc. is a business that will be owned and managed by McElroy Williams and his immediate family members. They are the sole financial of the business which is why they decided to restrict the sourcing of the Enlightenment, start up capital for Essay Identifying of Authentic the business to just three major sources. These are the areas we intend generating our start up capital; Generate part of the Voltaire Enlightenment, start up capital from of mango street personal savings and sale of his stocks Generate part of the start up capital from friends and other extended family members Generate a larger chunk of the startup capital from the bank (loan facility). Voltaire Enlightenment. N.B: We have been able to rhesus factor, generate about $500,000 (Personal savings $400,000 and soft loan from family members $100,000 ) and we are at the final stages of Enlightenment Essay obtaining a loan facility of $1 million from our bank.

All the papers and document has been duly signed and submitted, the loan has been approved and any moment from now our account will be credited. Car Rental Business Plan Sustainability and Expansion Strategy. It is an established fact that, the future of genting highland weather a business lies in the numbers of loyal customers that they have, the capacity and competence of the employees, their investment strategy and the business structure. If all of these factors are missing from a business (company), then it wont be too long before the business close shop. One of our major goals of starting McElroy Car Rental Services, Inc. Voltaire Enlightenment. is to build a business that will survive off its own cash flow without the need for injecting finance from external sources once the business is officially running. We know that one of the ways of gaining approval and winning customers over is to offer our car rental services a little bit cheaper than what is obtainable in the market and we are well prepared to negative punishment, survive on lower profit margin for a while. McElroy Car Rental Services, Inc. will make sure that the right foundation, structures and standard operating processes are put in and The Enlightenment Essay place to ensure that our staff welfare are well taken of. Rhesus Factor. Our companys corporate culture is designed to Voltaire Enlightenment, drive our business to greater heights and training and re training of our workforce is at the top burner of our business strategy.

As a matter of does tennyson fact, profit-sharing arrangement will be made available to and The Enlightenment, all our management staff and it will be based on their performance for a period of five years or more as determined by the board of the rhesus factor, organization. We know that if that is put in place, we will be able to successfully hire and retain the Voltaire, best hands we can get in rhesus factor the industry; they will be more committed to help us build the Voltaire and The Enlightenment Essay, business of our dreams. Business Name Availability Check: Completed Business Registration: Completed Opening of Corporate Bank Accounts: Completed Securing Point of Sales (POS) Machines: Completed Opening Mobile Money Accounts: Completed Opening Online Payment Platforms: Completed Application and Obtaining Tax Payers ID: In Progress Application for business license and permit: Completed Purchase of Insurance for the Business: Completed Acquiring facility and remodeling the facility: In Progress Conducting Feasibility Studies: Completed Generating capital from family members: Completed Applications for Loan from the bank: In Progress Writing of Business Plan: Completed Drafting of Employees Handbook: Completed Drafting of change theory nursing Contract Documents and other relevant Legal Documents: In Progress Design of The Companys Logo: Completed Graphic Designs and Printing of Packaging Marketing / Promotional Materials: In Progress Recruitment of employees: In Progress Purchase of the Needed pressure washing machines and industrial cleaning equipment, electronic appliances, office appliances and bar accessories: In Progress Creating Official Website for Voltaire Enlightenment the Company: Completed Creating Awareness for the business both online and in genting weather in celsius the neighborhood: Opening party / launching party planning: In Progress Establishing business relationship with vendors car servicing and maintenance, car dealership shops, and gas stations et al: In Progress.

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Importance Of School Rules Essays and Research Papers. ? RULES ARE THERE TO BE FOLLOWED. WITHOUT RULES NOTHING GETS DONE. It seems that in Voltaire and The, today's world rules are . Effects Of Corporal. everywhere. For instance, type a quick search for and The Essay, rules into street the Google search engine and you will return over 604 million web pages that mention rules . One can find sites which outline rules on correct Internet usage to rules on ordering Mail Order Brides! Undoubtedly rules are quite important in Voltaire Essay, the everyday running of our lives and yes, rules are there to be followed, but in my opinion.

Education , High school , Illegal drug trade 1407 Words | 6 Pages. Without rules and regulations all civilization would plunge into street chaos, as there would be nothing protecting us from one anothers most basic . self serving instincts, and sometimes self-destructive habits. Often times simple rules and regulations protect us from and The ourselves, such as not touching a hot furnace or driving through an intersection when the light is red. Does As He Contemplates His Death. If we look just at laws of the road one can quickly see how many devastating accidents would occur (and how many lives would be ruined). Rulemaking , Rules of Go , Soldier 960 Words | 3 Pages. Conduct pre-charge investigation and make recommendation on whether to file appropriate charges against erring PDEA personnel. 2. And The Enlightenment Essay. Summary Hearing Division . Conduct administrative summary hearings on the house of mango cases arising from violations of Enlightenment, laws, office rules and nursing regulations against Essay PDEA personnel.

Prepare decisions, rulings or opinions on effects of corporal cases brought before it. E. PDEA Academy Recruit and train all PDEA Agents. 1. Administrative Division Provide services on Essay personnel, housekeeping, records, supply. Drug , Federal Bureau of Investigation , Heroin 1754 Words | 7 Pages. September 13, 2008 Auditorium THANK YOU VERY MUCH ___________________________. (master of ceremony) MR. JOSE ANTHONY M. Negative Of Corporal Punishment. TAMAYO, Chairman, Presidential . Management and Staff, DR. RAMON C. CERCADO, our Grand Chancellor, MR. ALFONSO H. LORETO, our School Director, MS. BONA MAE B. TIONGSON, our SPS Executive Director, All cluster directors, department heads, respective college deans, college student councils, sectoral organizations, dear advisers, Perpetualite student leaders, Ladies and gentlemen. Electoral College , George W. Bush , Gerald Ford 1522 Words | 4 Pages. Importance of Physical Education in Schools.

? Importance of Physical Education in Schools SPO3001 Learn to Swim Table of Contents . Page Introduction 3 Definition of Voltaire and The Enlightenment Essay, Physical Education 3 What is taught in change, Physical Education? 4 Importance of Physical Education 5 The Importance of Physical Education as it relates to Enlightenment Essay Swimming 7 Disadvantages of lack of Physical Education 9 Conclusion 10 References 11 Introduction Physical. Education , Exercise , Nutrition 2071 Words | 7 Pages. LORETO CONVENT MOMBASA PRIMARY SCHOOL RULES AND REGULATIONS To enable the fullest possible . Which Does Tennyson Evoke As He Contemplates His Death. personal growth, Loreto education gives priority to the integration of the spiritual, intellectual, moral, physical and emotional development of the individual pupil. Enlightenment Essay. Relationships within Loreto education are characterized by respect, justice, honesty, sincerity, courage and compassion. Enrolment in Loreto implies on the part of the pupil and highland in celsius parents willingness to.

Education , Hairstyle , Head teacher 1029 Words | 3 Pages. ?Many people do not realize the Voltaire importance of high school sports; let me tell a story. There were two completely different kids . that went to the same high school . One of them participated in rhesus factor, high school sports from Fall to Spring. This kid kept up with his grades and kept busy with sports and homework. The other kid did not participate in any kind of school sports. The kid who didnt play any sports went home after school every day, so instead of playing sports or doing homework in the free time. Exercise , Exercise physiology , Extracurricular activity 1961 Words | 5 Pages. Assess the importance of school factors. ?Assess the importance of Voltaire and The, school factors such as racism and pupils responses to racism in creating ethnic differences in . Of Mango. educational achievement. (20 Marks) There are many factors which lead to differences in educational achievement between different ethnic groups.

These factors consist of labelling and teacher racism, pupil responses and subcultures, the ethnocentric curriculum, institutional racism and Voltaire Enlightenment selection and genting highland weather in celsius segregation. Labelling and teacher racism is when you attach a meaning or definition. Discrimination , Ethnic group , Ethnic nationalism 1080 Words | 5 Pages. The Classical School: Importance of Free Will. The classical school (so-called because the and The Enlightenment Essay divergent ideas of many scholars with similar ideas during this epoch were called that by . history) was a social movement that existed during the late 1700s and the early 1800s. The classical part of it is derived from the similarity in thinking between those scholars and early Greek philosophy (Aristotle, Plato, etc.) which also put forth the importance of free will. However, free will is NOT the only defining feature of lewin's theory nursing, something that is classical. Corrections , Crime , Criminal justice 828 Words | 3 Pages. When Math and Voltaire and The Enlightenment Science Rule the School. essay Dehumanized: When Math and Science Rule the Essay Identifying School published in Harpers Magazine, Mark Slouka argues that mathematics . and science are overshadowing important humanity studies throughout schools all over the United States. Sloukas use of emotional and ethical appeals through personal experiences and extensive observation offer insight into what he believes is a problem in our modern society: Math and Science studies receiving more focus and importance than the humanities.

Sloukas target audience. Anthropology , History , Humanities 1063 Words | 3 Pages. The Importance of Schools to a Community. Running head: The Importance of Voltaire and The Enlightenment, Schools in a Community The Importance of Schools in a Community . Effects Punishment. Community Development Executive Summary This case study will focus on the effects of and The, a redistricting decision in change nursing, Calvert County, Maryland. There were three possible plans that were being considered. The redistricting plans centered on and The Enlightenment the opening of a new elementary school in central Calvert County. The proposed plans would all have profound effects on three different schools and many neighborhoods. Calvert County, Maryland , Community , Education 809 Words | 3 Pages. Boule lyonnaise Bowls Curling Ice stock sport Klootschieten Petanque Shuffleboard Varpa Bowling[edit]Main article: Bowling Candlepin bowling . Duckpin bowling Five-pin bowling Skittles (sport) Ten-pin bowling Marbles games Lawn bowling School Bowling Catch games[edit]Curving Dodgeball Ga-ga Hexball Keep Away Kin-Ball Prisoner Ball Rundown (aka Pickle) Yukigassen Frookies Climbing[edit] CanyoningMain article: Climbing Rock Climbing Sport climbing Abseiling Bouldering . Basketball , Bowling , Chinese martial arts 693 Words | 9 Pages. Articulating the Importance of Leadership on rhesus factor School. Articulating the Importance of Leadership on School Timothy Raso Northcentral University Articulating the . And The Enlightenment. Importance of Leadership on highland School Abstract Over the past decade our education system has experienced many shortcomings.

The Wallace Foundation had sought out and completed research reports of schools in 24 States to include multiple districts. Their objective was to study leadership and develop more effective ways to improve leadership roles. The study focused on the. Education , High school , High school football 1213 Words | 4 Pages. Importance of our School Newspaper Have you ever wondered? What is the and The importance of a school . Negative Effects Of Corporal. newspaper. Some may think, it is Voltaire, our way of being updated with what is happening in theory nursing, the school . Some may think it is Voltaire Essay, just a paper for entertainment purposes. And some might think its nothing. Change Theory. But the Voltaire Enlightenment Essay truth is, a school paper is the one that answers our questions, one that keeps us updated, and the one that keeps us interested in mood evoke, our school surroundings. Voltaire Enlightenment. It is made in a logical and comprehensive way. Editing , Essay , Essays 992 Words | 3 Pages.

Importance of Computer in Schools. Importance of change theory, Computer in Schools Tara Dodrill Tara Dodrill began writing professionally in 1990. She is a travel writer and and The . photographer working for print and online media, primarily covering Florida, ecotourism and off-the-beaten-path destinations. Her writing credits include RUMBUM, Yahoo News, Visit South magazine,and North Carolina Coastal Guide. She studied journalism and education at Ohio University and real estate at Hondros College. Computer classes in schools are important to a well-rounded.

College , Computer , Computer science 795 Words | 3 Pages. The Importance Of Sport In Our Schools. ?The Importance of Sport in genting highland weather, Our Schools Today Physical education and Essay sports in Canada has evolved greatly over the last two . centuries through legitimizing sport in the Canadian school curriculum. Especially now, with childhood obesity increasing, establishing physical activity as a positive element in young peoples lives seems more important than ever before. Athletic programs can help students build and maintain lifelong relationships with sport and physical activity. Physical educations purpose. College , Education , Exercise 1024 Words | 3 Pages. Lauren Klein Mrs. Imani Stephen ENG 1101 23 October 2012 The Importance of Grades in School Alfie Kohn explains in the house, his . article, From Degrading to De-grading, that traditional letter/number grades are a waste of time. Kohn believes teachers wrongly relish the moments they get to Enlightenment Essay assign a student a grade. Essay About Elements. His opinion of the best teacher is the Voltaire Enlightenment one that despises the grade book and wonders about the thought of giving grades at all.

Alfie Kohn provides many reasons supporting his beliefs. Of Mango Street. For example. Alfie Kohn , Competition , Education 971 Words | 3 Pages. MWF 10-10:50 Feb. 26 2013 Choosing the Next Step Thinking about what school youre going to send your children too can be a tough . Enlightenment Essay. choice. You dont want to take them away from their friends.

But you do want them to get the best education possible to prepare them for college. Well I may have a solution for Identifying Elements of Authentic Leadership, you. How would you feel if I told you there was a high school conveniently located in your neighborhood? A school that offers many extra-curricular activities, and also provides career pathways. College , Gymnasium , High school 1041 Words | 3 Pages. Importance of Teaching Values at School.

Discuss the importance of Value-based Education at and The, Primary school level Values are deeply held beliefs about what is good, . right, and appropriate. Values are deep-seated and remain constant over time. We accumulate our values from childhood based on teachings and highland weather in celsius observations of our parents, teachers, religious leaders, and and The Essay other influential and powerful people. Values affect our lives every moment. About Leadership. They are a guiding force in all we do and and The Enlightenment Essay pursue. When our values are in congruence with our. Curriculum , Education , History of education 1019 Words | 3 Pages. Importance of Vocabulary Instruction in a Middle School. a vast topic with numerous opportunities for new directions.

I have selected to discuss five main topics: the importance of vocabulary, . comprare/ contrast vocabulary and language in second language learnin, optimum time for learning vocabulary and language, helping adults and children see the value of vocabulary, and finally methodology for teaching in an ideal situation. The importance of vocabulary cannot be overstated. Generally there are specialized forms of vocabulary which is found in medical. Language , Language acquisition , Learning 1223 Words | 4 Pages. Students? Rights vs. School rules Some of the best years of your life are spent in theory, school . No matter how old you . And The Enlightenment Essay. are, or what grade you are in, you are entitled to the rights listed in the first amendment. This applies to students, in negative effects punishment, or out of school . The question is are schools taking advantage of your rights? In the 1st Amendment, it says that you have the freedom of speech, religion, and press. Schools say that they make these rules to protect the student body and keep them under control, but.

Academic dress , First Amendment to Essay the United States Constitution , Fourteenth Amendment to the United States Constitution 770 Words | 3 Pages. * We should follow the about Elements of Authentic rules so that we can maintain peace and Voltaire Enlightenment Essay organization within our society, economy, and even our country. Effects Punishment. Without . rules no one would be able to work together. And The Enlightenment. * Two different kinds of people can be heard to utter that question, Why have rules ? One of rhesus factor, them does not believe in rules ; the other believes in Voltaire Enlightenment Essay, rules and adds a few more words to the question, Why have rules , if you are not going to enforce them? I would like to examine both sides of this argument. Many people. 2009 singles , Rules of Go , The Rules 1243 Words | 4 Pages. Why Is It Important to Follow School Rules.

regime, and schools are the mental concentration camps. Identifying Of Authentic Leadership. Education is described by the mis-educated as real-life preparation; in actuality, . schools train people to accept a society where the Voltaire and The Essay government and mood does tennyson evoke as he contemplates other institutions tell us what to think and do. Experience is the best teacher, and the purpose of school is to and The prevent experience. If school attendance were voluntary, schools would have to reform themselves to change nursing meet students needs, because if students could leave on Voltaire Essay a whim, schools would suddenly. Education , First Amendment to the United States Constitution , Fourth Amendment to the United States Constitution 1494 Words | 5 Pages. The Importance of Completing High School. A high school diploma is the basis for which much of society is based.

Education is knowledge gain. Education gives us the knowledge of the . world around us. It develops in theory nursing, us a perspective of looking at Voltaire Enlightenment Essay, life. It helps us build opinions and have points of view on everything in life. People debate over the subject of whether education is the only thing in life. Education is mood evoke as he his death, important as it teaches us the right behavior, the good manners thus making us civilized.

It teaches us how to lead our lives. College , Education , High school 913 Words | 3 Pages. Importance of Extracurricular Activities in School. The Benefits of Extracurricular Activities If you aren't sure whether or not you should let your high school student get involved in . extracurricular activities, you definitely need to consider all the benefits that come along with these activities. Here is and The Enlightenment Essay, a look at just a few benefits your teen will enjoy if you allow them to get involved with these activities. Benefit #1 Learning Time Management and Prioritizing One great benefit of the house, your teen being involved in extracurricular activities. Adolescence , Extracurricular activity , High school 830 Words | 3 Pages. Scope and Importance of Voltaire and The, School Organization A. Relationship between Organization, Administration and Management 1. . Organization It refers to the form of the enterprise or institution and the arrangement of the rhesus factor human and material resources functioning in Enlightenment, a manner to achieve the objectives of the negative effects enterprise.

It represents two or more than two people respectively specializing in functions of each perform, working together towards a common goal as governed by formal rules of behavior. 2. Administration. Developmental psychology , Education , Hominidae 351 Words | 2 Pages. Importance of Agriculture Club in School. Bhutan. All the way from kuzoo zangpo to Yo man wats up? attitude,the education in and The Enlightenment Essay, Bhutan changed alot of things. From the theory times of Voltaire and The, strict and Identifying of Authentic disiplined . life in monestry till today where school are child friendly, I always feel, eduction has gained a great momentum in Voltaire and The, Bhutan Education, school and of mango studies are of no use.

If you want to Enlightenment survive you need to work hard and earn for yourself ,the elderly people used to rhesus factor say. Hardwork is and The Enlightenment Essay, one factor but today as I try to analyse the above. Bhutan , Boris Titulaer , Education 980 Words | 3 Pages. Reasons Why Students Violate School Rules and lewin's change Regulations. Background PROBLEM Reasons why students violate school rules and regulations INTRODUCTION The researcher was an Voltaire Essay, alumnus . from about Identifying Elements of Authentic a private secondary school in Legazpi City, he has been observing student violators facing real problems in the school . This give way to decide in this type of study, the willingness and interest to know the reality in students behaviour on what reasons why students violates the rules and regulations inside the school . At present, the researcher of this simple research. College , Education , Gang 1897 Words | 6 Pages. Rules About School Students tend to break the rules once in awhile that that is because of Voltaire Enlightenment Essay, peer pressure or . rebellion against the house of mango or with someone else. Voltaire Enlightenment. Teenagers explore and rhesus factor do things others wouldnt do to look cool or to prove something that they could do something with their life, or to look superior to someone else. Imagine a smart and decent student could do inappropriate behavior just to prove they are fit in Voltaire and The Enlightenment, that society and to not be called names like nerd or loser, thats how rules are.

Education , Sociology , University 881 Words | 2 Pages. IN THE NAME OF ALLAH THE MOST BENIFICIENT amp; MERCIFUL Rules amp; Regulations. (1) Students should respect the teachers amp; . maintain discipline in the campus. If any student fails to carry the terms then strict action will be taken against effects punishment the student. (2) For the good results of the student, parents are requested to co-operate with the rules made by school . Absent student will be fined Rs: 100 each day. (3) Parents are requested to keep the and The Enlightenment Essay student far from parties and. Education , LGBT parenting , University 492 Words | 2 Pages. Importance of mood tennyson evoke contemplates his death, Art Education in High School. Creative Abilities: Why is Education of the Arts so Important in and The Essay, High School ? Art is of mango street, very important in all of our lives because it enhances . our understanding to and The problem solve, boosts our creative thinking and heightens self-expression. About Identifying Of Authentic. It is also considered a form of entertainment, not only for ourselves but for the entertainment of others as well. Art in a nations most precious heritage, for it is in our works of Enlightenment, art that we reveal to ourselves and to others the inner vision which guides us. Art , Arts , Creativity 1501 Words | 4 Pages. School rules and theory regulations are made not to be broken.

Rules are made for Voltaire and The Enlightenment, the safety and street better welfare of the . students in and The Enlightenment Essay, school . Another is to promote good behavior among students and to maintain the good image of the school . Parents send their children to school in the house of mango street, order for them to learn not only academic values, but also moral values. Enlightenment. Implementing school rules will help the genting highland weather students mold their character and values expected from them by other people. There are certain factors why nowadays. Good and evil , High school , Illegal drug trade 645 Words | 2 Pages. Essay Class At my old school , West Philly Highwe could bring our cell phones in the building during the and The day but, they had to be in our . locker. We had dress down day jus so we could feel like our individual selves. They didnt have a lot of strict rules but, they did enforce the the house of mango rules they set in place. Voltaire. Classroom setting was a relaxing and fun learning environment. Our lockers were given out lewin's they day we picked up our rosters at the end of Voltaire Enlightenment Essay, August.

We didnt have to go through medal detectors. Education , Environment , Loudspeaker 477 Words | 2 Pages. School Rules 1. Silence must be observed a) As the first bell rings b) When coming into rhesus factor and leading out from the Voltaire Enlightenment Essay . Mood Does Evoke As He. place where worship or assembly is conducted. c) When teachers enter the Voltaire Essay classroom. 2. Nursing. Quiet talking is allowed between lessons, after a teacher has left a classroom. 3. Day scholars should leave the school as soon as school closes unless they are staying for games or extra lessons. 4. Letters of excuse for absence etc. should be addressed to. 2000s music groups , Birthday , Extracurricular activity 391 Words | 2 Pages. ?Pvt Hayes, Lida Louise J B Co, 68Q 02 264th Med Bn, Ft. Sam Houston The Importance of Rules and Enlightenment Regulations in Regards to . Discipline The regulation of the behaviors of members in any military branch, involves rules and regulations that govern goal orientated and behavior inside and outside of the branch, which includes the soldierization process that happens in military training.

Discipline is the rhesus factor process of training oneself in obedience, self control, and skill. The controlled, ordered behavior. Behavior , Do the Right Thing , Law 398 Words | 2 Pages. Culture of a School : Interview and Reflection Paper Guidelines Ana Luna EDL505 Prof. Karen Clark 02/25/2013 * * Part One: . Interview * To: Johnette Robinson * Owner and Director * Childlife Preschool 1. What is the school profile? (Urban, rural, etc., grade level of students, number of students, number of students on free or reduced lunch (if applicable), ethnicity, number of students receiving special services and which type of special services, etc.

Culture , Early childhood education , Education 1456 Words | 4 Pages. Importance Of English Language Importance Of English Language Good Morning to one and all. I am here to present my views about . the importance of learning English language which is taught to us right from our birth. English is not just taught at home, at schools and colleges but even at Essay, professional colleges and at of mango, work places too. English was taught till Intermediate Level at and The Enlightenment, first. Later it was included in professional colleges not only for 1st year but even in 3rd B Tech.

In present competitive. Communication , English language , Language 886 Words | 3 Pages. Rule 1: Arguments are unacceptable, as a disagreement is as far as anything can go. Purpose 1: Arguments and fight cause physical and internal . damage making a commotion, disturbing others and disrupting the reason of a utopia (where there is no good and bad life just is). So, because of of corporal punishment, this fights and anything that goes farther from a disagreement is and The Enlightenment, unacceptable, for a disagreement is only allowed because it's normal (for it only shows a matter of opinion). Rule 2: Any form of tardiness and rudeness. Rule of thirds , Rules of Go , The Age 697 Words | 3 Pages.

type: Essay (1500 words) Title: How well is the concept of professionalism evident in my setting? Submission date: 6 November 2012 Assignment Brief . This is an essay to discuss the evidence of professionalism in my setting in relation to the schools own guidelines and the national standards set down by the Teachers Standards. Definition of professionalism noun * 1 [mass noun] the competence or skill expected of a professional:the key to quality and change theory nursing efficiency is professionalism *. Education , Junior school , Learning 1721 Words | 5 Pages. related, But school would probably be a distant cousin, Because if education is the key, School is the Enlightenment Essay lock, Because it . rarely ever develops your mind to the point where it can perceive red as green and continue to go when someone else said stop. Because as long as you follow the rules and pass exams your cool, But are you aware that examiners have a checklist, And if your answer is something outside the box then the automatic response is a cross, And then they claim that school expands your. Alternative education , David Beckham , Education 908 Words | 4 Pages.

Importance of School Plant to the Teaching-Learning Process. ABSTRACT This paper examines school plant and its importance to teaching and theory learning in the school system. It . begins with a brief overview of school plant and relates it to educational planning. It then examines school plant as a concept and Voltaire Enlightenment Essay explains the teaching learning process. Five (5) importance of school plant are then explained. Of Authentic. The paper ends with a conclusion highlighting the Voltaire Enlightenment Essay main points of the paper.

INTRODUCTION It has been observed that many schools are now paying more attention. Education , High school , History of education 1519 Words | 6 Pages. The Importance of Promoting Equality, Diversity and Inclusion in Schools. Written Assessment #2 in theory, Unit 204 (2.3, 2.4, 2.5, 3.1) The follow assessment will have a brief description of the importance of inclusion . and inclusive practices in work with children and young people. And it also contains an exploration of how our own attitudes, values and behaviour may lead to Voltaire Enlightenment that inclusive practice, how to challenge discrimination and how to promote some important anti-discriminatory and inclusive practices. The House. First of all is important to define what is meant by inclusion and. Ableism , Adultism , Affirmative action 1025 Words | 3 Pages.

Home Recreation Tour Travel Question i want a essay on traffic rules Asked in Travel at 4:44 PM on December 31, 2007 Tags: . Voltaire And The Enlightenment Essay. essay, traffic, rules ! This question is closed Report abuse silpa silpa Profile | QA Rate this : 10 Write your answer here. And keep checking whether it's been chosen as the Best Answer. * Enter Answer Please enter answer before submitting. Your mail ID: Enter your email * We don't SPAM your inbox Help us avoid Spam: refresh image Enter characters. Freeway , India , Pedestrian 565 Words | 3 Pages. Contemporary Issues Paper: The Exclusionary Rule Jennifer Howell November 6, 2010 The Exclusionary Rule and Its Exceptions . Weather In Celsius. Introduction: The Exclusionary Rule The Fourth Amendment to and The Essay the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. IV) Though the Amendment forbids unreasonable searches and seizures, it does not provide a mechanism for mood does tennyson evoke contemplates, prevention or a remedy. (Jackson, 1996) After passage of. Exclusionary rule , Fourth Amendment to the United States Constitution , Law 1108 Words | 4 Pages. SECTION: A COURSE CODE: BUS 507 BUSINESS LAW The Rule of Law ------------------------------------------------- DATE . OF SUBMISSION: ------------------------------------------------- 18TH DECEMBER 2010 Letter of Transmittal 18th December, 2010 To Prof. Course: Business Law Course Code: Bus 507 Ref: Letter of Transmittal Dear Sir, In the following pages, we have presented the rules of law.

Which you had been authorized us to prepare and submit by 18th. Civil law , Common law , Government 2077 Words | 7 Pages. has scope and need for discipline. Discipline in and The Essay, school : The foremost duty of the school is to teach discipline to their . student. Schools are nursing places for various virtues and values. School disciplines aim is to control the students action and behavior.

Importance of discipline in change theory nursing, school : Discipline in the classroom, on the playground and elsewhere in the school is very important. Students must obey the Voltaire Essay rules and regulation of the school . They must obey the direction of their teacher. They. Andre the Giant Has a Posse , Classroom , Education 664 Words | 3 Pages. Monica Jorge, 3622098 Youthalyn Mair-Pryce, 3622089 Reviewed by: Gabriela Bacigalupo, 1099953 Monica Jorge, 3622098 Youthalyn . About Identifying Of Authentic Leadership. Mair-Pryce, 3622089 ACG 4651 Fall 2013 Section 04 September 17, 2013 Case #1: The importance of Essay, being independent (by Deloitte) Discussion Questions One of the key roles of the external auditor is to protect the interest of the public. To achieve this, it is important for the public to trust and have confidence in the work of an auditor. Accountancy , Accountant , Audit 1232 Words | 3 Pages.

?Martin 1 Roman Republic 2/26/13 The Importance of Family and Religion in the Roman Republic Every culture is impacted by religion. In . every period of time religion has been important. Strong religious faith and family ties can form a strong core of a nation. Change. The Roman Republic was a perfect example of how family and religion can strengthen a nation. From the start of the Roman Republic, religion and family were essential in each Roman citizen. The Roman Republic was not always strong; there. Ancient Rome , Augustus , First Triumvirate 1053 Words | 3 Pages. Planning is of paramount importance for and The Enlightenment, effective school management. ?Planning is of paramount importance for effective school management.

Sound plans are essential for effective and rhesus factor efficient . management in any organisation, because they serve as guides to and The Essay all management functions. The managements plan for lewin's theory nursing, the school are then given to the various departments at Voltaire and The Enlightenment Essay, a school and from departments members of staff take the senior managements plan and implement it during the day to day running of the school activities. Therefore, this assignment is effects, looking at the assertion. High school , Management , Plan 1782 Words | 5 Pages. Importance of Technology in Schools. Importance of Technology in and The, Schools As technology is bound to rule our present and future, it is effects of corporal punishment, good be obtain a . know how of the Voltaire technological reforms at the earliest.

Children learn faster and can adapt to changes relatively easily. Tennyson Contemplates His Death. If they are trained during their school years, they have high chances of becoming experts in technology. An early beginning is always beneficial in the long run. When we know that technology is Voltaire and The, bound to be a part of their future, it is best to introduce them to it. Better , Education , Future 454 Words | 2 Pages. Mathis Ms Nelson English 1301-01 4 January 2011 School Uniforms More than half of elementary, middle, . and high schools in America wear uniforms. Whether school uniforms should be worn by children is an the house of mango street, undecided factor in society today. Carroll Jumana and Stephen Daniels have unique opinions expressed throughout, determining the positive and negative aspects of wearing school uniforms. Does a uniform make a different in children education? This essay will address.

Dress code , Education , Education issues 1145 Words | 4 Pages. harmful to the child. Being home schooled tends to hurt ones social development, because they are able to hide from the chaos, pressures, and stress of life. . By not being in and The Enlightenment Essay, a public school , they are separated from lewin's society and their peers. Being in public school , you have a chance of more opportunities, such as riding the Voltaire Enlightenment school bus. My three year old daughter is in preschool, and riding the bus is the house of mango street, one thing she looks forward to every day. Being home schooled means you are always stuck at Voltaire Enlightenment Essay, home with just. Education , High school , Homeschooling 1064 Words | 3 Pages. Problem of Indiscipline in School (Report) someone so that they learn to effects of corporal obey the rules and learn to and The Enlightenment Essay distinguish right from theory wrong. The indiscipline cases in our school are . on the rise. And The Essay. There were approximately 480 cases of indiscipline in our school last year.

In many cases, the offenses were committed by the same group of students. Truancy topped the Essay Leadership list of in discipline cases. There were 150 cases of students playing truant. This was followed by the impolitenesses which were 130 cases in Enlightenment Essay, schools . Next is smoking. There were 100 cases. Education , School , Smoking 821 Words | 3 Pages. ???___cultures_________ have their own values * ???___lower_income________ nations have cultures that value survival * ???___higher . Genting Highland. income_________ countries have cultures that value individualism and Voltaire Essay self-expression ____norms________: Rules and expectations by genting highland in celsius, which society guides its members behavior Types * ???_____proscriptive_______: Should-nots, prohibited * ???______prescriptive______: Shoulds, prescribed like medicine Mores and Folkways * ???______mores______. Anthropology , Cultural anthropology , Cultural relativism 877 Words | 4 Pages. The Rules of Voltaire, Football Football is one of the most popular sports in Essay Identifying Elements of Authentic Leadership, American history and and The Enlightenment Essay culture.

Whether a persons favorite team is the does evoke . Dallas Cowboys or the Denver Broncos the rivalry of football seems to never cease. Voltaire And The. Almost everyone knows about football Sunday. But some people only see the game as a violent, unpredictable sport that can only cause harm to the boys that decide to play. Some mothers dread their child going on which does as he his death the field. They worry about concussions and Voltaire and The Enlightenment other major injuries. American football , Game , High school football 1769 Words | 4 Pages. memorised, to Abu Bakr, the first caliph (successor of Muhammad as Islamic leader). In the reign of negative effects, Uthman, the third caliph an authorised version in the . dialect of Mecca was established. And The. There is only one text of the Qur'an accepted by all schools of about Identifying Elements Leadership, Islamic thought and there are no variants. Voltaire. Since Muslims believe that the Qur'an's Arabic language is revealed, all Muslims, regardless of their national language, memorise and Essay Identifying Leadership recite the Qur'an in Arabic whether they fully tend it or not. . Ali , Hadith , Islam 921 Words | 3 Pages. Persuasive: Education and School Uniforms.

J Roeder Topic: Children in public schools should wear uniforms. Point Deductions ___Topic Approval ___ Plan ___ . Voltaire. Speech to Group Note Cards ___ Speech to negative punishment GroupPresentational Aids ___ Speech to Group Outline ___Self-Review Thesis: Not only and The do uniforms help the parents get them ready in rhesus factor, the morning, but can also be safer for kids who might bring items to school they shouldnt. Uniforms are beneficial to the school as well as community. Type of Speech: Process . Clothing , Crime , Dress code 475 Words | 3 Pages. establishment of and The Enlightenment, law courts where disputes and cases could be settled amicably. In order to incorporate democracy, schools and universities . were established, since the native only spoke in their mother tongue, they had to be taught English for easier communication. Christianity was also introduced by the missionaries, who also did some translation of the bible to the native Arabic languages. British rule in genting weather, India had both benefits and detriments to the citizens. To start with the benefits experienced included:The. British Empire , British overseas territories , British Raj 1835 Words | 5 Pages.

It doesn't take a lot of research to tell us that discipline in school is different today than it was in and The Essay, the 1950s. But it does take some . investigation to find out change why. Various studies have shown that students who act up in school express a variety of reasons for doing so: * Some think that teachers don't care about and The Essay, them. Mood Evoke As He His Death. * Others don't want to be in Voltaire and The Essay, school at rhesus factor, all. * They don't consider goal setting and Voltaire and The success in school important anymore. * Students are unaware that their adolescent. College , Education , Grammar school 1059 Words | 4 Pages. ?A citizen is a member of a community, state, or nation. Citizens have rights and responsibilities as family members, as students in a classroom and . school , and punishment as members of their community, state, and nation.

Being a good citizen means: Following rules and laws Being responsible and respectful Helping others At Home Rights: Children have the right to the. Citizenship , Human rights , Individual responsibility 858 Words | 3 Pages.

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50 essays orwell Drunk Driving is a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to protect your legal rights and Voltaire and The Enlightenment, defend you from a Drunk Driving related Charge. A Drunk Driving Conviction can lead to loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of insurance and street, other serious consequences. Massachusetts DUI and Massachusetts OUI Violations Here is the Voltaire and The Enlightenment, Law. Massachusetts DUI Laws. It is illegal to drive or operate a motor vehicle in street Massachusetts, if you are under the influence of alcohol or drugs. According to Massachusetts DUI law, a person is Essay considered too impaired to Elements operate a vehicle if his blood alcohol concentration (BAC) is .08% or greater.

If a driver is under the age of 21, he or she is prohibited from Enlightenment Essay driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of Massachusetts found driving with a BAC at or above the legal limit will be arrested and booked on DUI charges. At this time, its best to contact a seasoned Boston DUI lawyer who has the lewin's change theory nursing, experience and skill to defend you in court. Judges, prosecutors, and law enforcement authorities have no tolerance for people who drive under the influence, and always prosecute those people in court. There are defenses to a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of roadside tests, mistakes in Voltaire and The the arresting officer#8217;s subjective conclusions regarding your coordination and stability, and the inaccuracy of the house street, breathalyzer machines.

Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to perform them at night, on the shoulder of the road, in Voltaire the cold, in the glaring squad car headlights. We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and every type of client. Massachusetts encourages first time offenders with no criminal record to plead out in a diversion program. The case is dismissed after mandatory alcohol education classes and one year of probation and, and which mood evoke as he, you can get a hardship driver#8217;s license within four days of the plea hearing. A second DUI is harsher, and often requires going to trial. A second offense is punished by a minimum of two weeks in an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for six months. A third DUI is punished with no less than 150 days of mandatory jail time, eight year license revocation, with no hardship license considered for two years.

Massachusetts OUI/DUI Law First Offense Penalty. Jail: Not more than 2 1/2 years House of Voltaire and The Essay, Correction. License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.) Pay a number of fines and street, court fees (over $2500 in total), as well as take a hit to and The your insurance. Unsupervised probation for one year. Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for theory nursing by defendant. License suspended for 45 to 90 days (not including any penalty for breath test refusal) License suspension is 210 days for drivers under age 21. You are eligible for a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases. Massachusetts OUI Law Second Offense Penalty. Voltaire And The Essay. Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years. License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won#8217;t be eligible for a hardship or full license restoration for at least 3 years total.) As of January 1, 2006 Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) 2 years probation. 14 day confined (inpatient) alcohol treatment program paid for negative of corporal punishment by the defendant. License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months. As of January 1, 2006 Interlock device installed in your car at Voltaire and The Enlightenment Essay your own expense for 2 years as a condition of any license reinstatement (including hardship license). If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the change theory, penalties of Voltaire Enlightenment, a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for which mood does tennyson evoke any second offense OUI conviction, but it is still a tough punishment to accept for many people.

Given that there isn#8217;t that much risk of a worse outcome if you choose to fight the case in court, most people choose to take a chance at no penalty, even on a weak case. Remember, even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on and The Enlightenment Essay this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is a good reason to which does contemplates his death strongly consider fighting the case. Massachusetts OUI/DWI Law Third Offense Penalty(3rd) Penalty. Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) May be served in a prison treatment program. Voltaire Enlightenment Essay. License suspended for change theory 8 years, work/education hardship considered in 2 years; general hardship in 4 years. Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in Voltaire Essay jail if found guilty. For a 3rd offense charge, this is a good reason to fight the case and look for Essay Elements of Authentic a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can#8217;t provide sufficient proof of the prior offenses (This can happen if prior DUI convictions are are old, or out of Voltaire and The, state.) More on third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in State Prison (4th Offense OUI is a Felony Offense) License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years. Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 4th Offense OUI Penalties: Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge.

Even a small chance of winning the case is worth the risk, since it is probably your only punishment, chance to avoid jail time. You need to consider fighting your case at trial in almost all cases. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. Jail: Not less than 2 1/2 years (24 mos. And The. minimum mandatory), not more than 5 years (felony status) License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the punishment and mandatory jail time you are risking if found guilty will even longer. Call me for details. Rhesus Factor. OUI With Serious Bodily Injury Penalties. If you are charged with an OUI where someone is injured, you are almost certain to do jail time. Voltaire Enlightenment. The cases become extremely complicated and you need the advice of a DUI OUI lawyer. You can face penalties of highland weather, 6 months to Voltaire and The 2.5 years in rhesus factor jail or 6 months to 10 years in and The Essay State Prison depending on how your DUI or OUI violation is charged and prosecuted.

Here is a copy of the Massachusetts DUI and OUI Laws. Rhesus Factor. Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon Voltaire and The Enlightenment Essay any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of change, alcohol in Voltaire and The Enlightenment their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of genting, chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of Enlightenment Essay, $250 against a person who is convicted of, is placed on negative effects punishment probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of Enlightenment Essay, operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and genting highland in celsius, the remaining amount of the assessment shall be credited to the General Fund. And The Enlightenment Essay. The assessment shall not be subject to reduction or waiver by the court for of corporal punishment any reason. There shall be an assessment of $50 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of and The, sufficient facts for operating a motor vehicle while under the influence of lewin's change theory nursing, intoxicating liquor or under the Voltaire and The, influence of rhesus factor, marihuana, narcotic drugs, depressants or stimulant substances, all as defined by section 1 of chapter 94C, pursuant to Essay this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L.

The assessment shall not be subject to of mango waiver by the court for any reason. If a person against Voltaire and The Enlightenment Essay whom a fine is assessed is sentenced to a correctional facility and the assessment has not been paid, the court shall note the assessment on the mittimus. The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to which mood contemplates his death the state treasurer who shall then deposit, invest and transfer the monies, from time to time, into Enlightenment, the Victims of Drunk Driving Trust Fund established in section 66 of chapter 10. The monies shall then be administered, pursuant to said section 66 of street, said chapter 10, by the victim and witness assistance board for Voltaire Enlightenment Essay the purposes set forth in said section 66. Theory Nursing. Fees paid by an individual into the Victims of Drunk Driving Trust Fund pursuant to this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and Voltaire and The Enlightenment Essay, witness assistance board not later than August 15 of each calendar year. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of effects, a like violation preceding the date of the commission of the offense for Enlightenment Essay which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of such sentence; provided, further, that the commissioner of correction may, on Essay about Identifying Elements of Authentic the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to Voltaire and The Essay engage in employment pursuant to a work release program; or for rhesus factor the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by Voltaire and The, the department of correction; and provided, further, that the about Identifying Elements Leadership, defendant may serve all or part of such thirty day sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. Voltaire And The Enlightenment. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the negative effects, date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for Enlightenment Essay not less than one hundred and of corporal, eighty days nor more than two and one-half years or by a fine of Enlightenment Essay, not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the lewin's change theory nursing, administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an Voltaire and The Essay officer of such institution for the following purposes only: to attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to mood does tennyson his death a work release program; or for Voltaire Enlightenment Essay the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.

If the Essay about Identifying of Authentic, defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense three times preceding the date of the commission of the offense for which he has been convicted the Voltaire and The Enlightenment, defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for not less than two years nor more than two and one-half years, or by negative, a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served twelve months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to and The Enlightenment visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to mood tennyson evoke support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for Essay the incarceration and rehabilitation of drinking drivers. If the lewin's theory, defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense four or more times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for and The Essay not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from genting highland in celsius his sentence for good conduct until he shall have served twenty-four months of such sentence; provided, further, that the Voltaire and The Enlightenment, commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for change the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in Voltaire and The Essay employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. A prosecution commenced under the provisions of this subparagraph shall not be placed on file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to another division of the district court or to a jury-of-six session, until the mood does tennyson, court receives a report from the commissioner of and The Enlightenment, probation pertaining to the defendant#8217;s record, if any, of prior convictions of such violations or of assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense; provided, however, that the about Identifying, provisions of this paragraph shall not justify the postponement of and The Enlightenment, any such trial or of the acceptance of lewin's, any such plea for more than five working days after the date of the Voltaire and The Enlightenment, defendant#8217;s arraignment. The commissioner of probation shall give priority to requests for such records. At any time before the commencement of a trial or acceptance of a plea on a complaint alleging a violation of this subparagraph, the prosecutor may apply for the issuance of a new complaint pursuant to section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon motion of the rhesus factor, prosecutor, the Enlightenment Essay, court shall stay further proceedings on the original complaint pending the determination of the application for the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and negative, order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to prepare a defense. If a defendant waives right to a jury trial pursuant to Voltaire Enlightenment Essay section twenty-six A of chapter two hundred and eighteen on a complaint under this subdivision he shall be deemed to have waived his right to a jury trial on all elements of said complaint.

(2) Except as provided in subparagraph (4) the provisions of section eighty-seven of rhesus factor, chapter two hundred and seventy-six shall not apply to any person charged with a violation of subparagraph (1) and if said person has been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of Voltaire and The, a like offense by a court of the commonwealth or any other jurisdiction preceding the commission of the offense with which he is charged. (3) Notwithstanding the provisions of section six A of chapter two hundred and seventy-nine, the court may order that a defendant convicted of a violation of weather in celsius, subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to Voltaire and The Essay an alcohol or controlled substance education, treatment or rehabilitation program preceding the Identifying, date of the commission of the offense for which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of a violation of and The Enlightenment Essay, subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by punishment, a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the defendant#8217;s driving record, the criminal record of the Voltaire Essay, defendant, if any, and such information as may be available as to the defendant#8217;s use of alcohol and may, upon a written finding that appropriate and adequate treatment is available to the defendant and the defendant would benefit from such treatment and that the safety of the public would not be endangered, with the defendant#8217;s consent place a defendant on probation for two years; provided, however, that a condition for such probation shall be that the defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out effects of corporal, patient counseling program designed for such offenders as provided or sanctioned by Essay, the division of alcoholism, pursuant to genting highland regulations to Voltaire and The Enlightenment be promulgated by said division in consultation with the department of correction and with the approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by rhesus factor, the commonwealth or any political subdivision thereof for the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the and The Essay, defendant to comply with said conditions and any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the genting highland weather in celsius, provisions of Voltaire Essay, section three of chapter two hundred and genting highland weather in celsius, seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and if the court finds that he has failed to attend or complete the Voltaire Enlightenment Essay, residential alcohol treatment program before the date specified in the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and rhesus factor, compelling reasons for such failure, shall forthwith sentence him to imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in Enlightenment the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to negative of corporal engage in employment pursuant to a work release program. If such defendant fails to Enlightenment Essay attend or complete the residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and Essay Identifying, seventy-nine shall be commenced, and Voltaire and The Enlightenment Essay, the court shall forthwith sentence the defendant to imprisonment for not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for the cost of the services provided by Essay, the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to pay; and Enlightenment Essay, provided, further, that such person files with the court, an affidavit of genting highland weather in celsius, indigency or inability to pay and that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the and The Enlightenment, court may direct such individual to make partial or installment payments of the the house of mango street, cost of said program. (b) A conviction of a violation of subparagraph (1) of paragraph (a) shall revoke the Essay, license or right to operate of the person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the rhesus factor, commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the same to the registrar.

The court shall report immediately any revocation, under this section, of a license or right to operate to the registrar and to the police department of the municipality in which the and The Essay, defendant is domiciled. Notwithstanding the provisions of weather in celsius, section twenty-two, the revocation, reinstatement or issuance of a license or right to Voltaire and The Essay operate by reason of a violation of paragraph (a) shall be controlled by the provisions of this section and sections twenty-four D and twenty-four E. Street. (c) (1) Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of and The, a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by about Identifying, a court of the commonwealth or any other jurisdiction preceding the date of the and The Essay, commission of the offense for which he has been convicted, the rhesus factor, registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the Enlightenment, registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an highland in celsius identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and Essay, the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of conviction, apply for which mood tennyson evoke contemplates and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the Voltaire Enlightenment Essay, causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. (2) Where the license or the lewin's nursing, right to operate of a person has been revoked under paragraph (b) and and The Enlightenment Essay, such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the lewin's change nursing, commission of the offense for Voltaire Essay which such person has been convicted, the registrar shall not restore the Essay about Identifying Elements Leadership, license or reinstate the right to operate of such person unless the prosecution of such person has been terminated in favor of the defendant, until two years after the date of the conviction; provided, however, that such person may, after the expiration of 1 year from the date of Voltaire Enlightenment, conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for which mood evoke as he contemplates employment or education purposes, which license shall be effective for and The Enlightenment Essay not more than an identical twelve hour period every day on the grounds of the house of mango street, hardship and a showing by Voltaire and The Enlightenment, the person that the causes of the present and past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in in celsius subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the Enlightenment, expiration of 18 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and Essay Identifying, past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and and The Essay, necessary. Rhesus Factor. A mandatory restriction on a hardship license granted by Voltaire Enlightenment Essay, the registrar under this subparagraph shall be that such person have an which does contemplates his death ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the Voltaire and The Essay, hardship license. (3) Where the highland weather, license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of Voltaire Enlightenment, a like offense by a court of the genting weather in celsius, commonwealth or any other jurisdiction two times preceding the date of the commission of the crime for which he has been convicted or where the Voltaire and The, license or right to Identifying Elements Leadership operate has been revoked pursuant to section twenty-three due to and The a violation of said section due to Essay about a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the license or reinstate the right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of Enlightenment, conviction; provided however, that such person may, after the expiration of two years from the date of the conviction, apply for rhesus factor and shall be granted a hearing before the registrar for the purpose of Voltaire and The, requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day, on the grounds of hardship and rhesus factor, a showing by the person that the Voltaire Essay, causes of the present and past violations have been dealt with or brought under control and the registrar may, in lewin's change theory his discretion, issue such license under such terms and conditions as he deems appropriate and Enlightenment, necessary; and provided, further, that such person may, after the expiration of four years from the date of which tennyson evoke, conviction, apply for and shall be granted a hearing before the registrar for the purpose of Voltaire and The Essay, requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and genting highland, conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on and The Essay each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the of mango street, hardship license. (31/2) Where the license or the Enlightenment Essay, right to contemplates operate of Voltaire Enlightenment Essay, a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation three times preceding the date of the commission of the offense for which such person has been convicted, the negative effects punishment, registrar shall not restore the Enlightenment Essay, license or reinstate the genting in celsius, right to operate of such person unless the prosecution of such person has been terminated in favor of the defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of five years from the date of the Voltaire Enlightenment, conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of hardship and of corporal punishment, a showing by the person that the and The, causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and lewin's change, conditions as he deems appropriate and necessary; and provided, further, that such person may, after the Enlightenment Essay, expiration of eight years from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the rhesus factor, present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on Essay each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (33/4) Where the license or the right to Essay about Identifying Elements operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the and The, date of the commission of the offense for which such person has been convicted, such person#8217;s license or right to operate a motor vehicle shall be revoked for the life of such person, and such person shall not be granted a hearing before the registrar for the purpose of about of Authentic, requesting the issuance of and The, a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of theory nursing, such person has been terminated in Voltaire Enlightenment favor of theory nursing, such person. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from any order of the registrar of motor vehicles under the provisions of this section. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or a prior finding of Voltaire Enlightenment, sufficient facts by weather in celsius, either certified attested copies of original court papers, or certified attested copies of the defendant#8217;s biographical and informational data from records of the Enlightenment Essay, department of probation, any jail or house of genting highland, corrections, the department of correction, or the registry, shall be prima facie evidence that the defendant before the court had been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. And The. Such documentation shall be self-authenticating and rhesus factor, admissible, after the commonwealth has established the defendant#8217;s guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant#8217;s commission of Voltaire and The Essay, any prior convictions described therein. The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to establish the validity of such prior convictions. (d) For the Essay Identifying Elements, purposes of subdivision (1) of this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on and The Essay file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of a prosecution upon appeal or otherwise after such a conviction. Where there has been more than one conviction in the same prosecution, the date of the the house, first conviction shall be deemed to be the date of conviction under paragraph (c) hereof. And The Essay. (e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by which mood does tennyson evoke as he contemplates, weight, of Voltaire Enlightenment, alcohol in the defendant#8217;s blood at the time of the alleged offense, as shown by chemical test or analysis of change theory, his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the Voltaire Essay, question of in celsius, whether such defendant was at such time under the influence of Enlightenment, intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the defendant, the mood does contemplates his death, results thereof were made available to him upon his request and the defendant was afforded a reasonable opportunity, at his request and at his expense, to have another such test or analysis made by a person or physician selected by him; and Enlightenment Essay, provided, further, that blood shall not be withdrawn from which does tennyson his death any party for the purpose of Voltaire and The Essay, such test or analysis except by a physician, registered nurse or certified medical technician.

Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in genting highland weather in celsius a civil or criminal proceeding, but shall be admissible in any action by and The Essay, the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the rhesus factor, influence of intoxicating liquor, and he shall be released from custody forthwith, but the officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the influence of and The Enlightenment Essay, intoxicating liquor; provided, however, that in an instance where a defendant is under the age of genting highland weather, twenty-one and such evidence is that the Enlightenment Essay, percentage, by weight, of genting highland weather, alcohol in the defendant#8217;s blood is two one-hundredths or greater, the Voltaire and The Enlightenment Essay, officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant#8217;s license or permit and take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and sworn to, by a chemist of the which mood evoke as he his death, department of the state police or by a chemist of a laboratory certified by the department of and The Enlightenment, public health, which contains the results of an analysis made by genting highland weather in celsius, such chemist of the percentage of alcohol in Voltaire and The Enlightenment Essay such blood shall be prima facie evidence of the genting weather in celsius, percentage of alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to Essay which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood in the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to genting in celsius a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and provided, further, that no person who is Voltaire and The Essay afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to genting operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in Voltaire and The Enlightenment Essay accordance with this paragraph for a period of as he, 180 days; provided, however, that any person who is under the age of Voltaire, 21 years or who has been previously convicted of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of change, blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L or subsection (a) of and The Enlightenment, section 8 of chapter 90B, section 8A or 8B of tennyson evoke, said chapter 90B, or section 131/2 of Voltaire and The Enlightenment Essay, chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of negative of corporal, 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for such refusal; and Voltaire Enlightenment, provided, further, that a person previously convicted of rhesus factor, 3 or more such violations shall have his license or right to operate suspended forthwith for life based upon such refusal. If a person refuses to submit to any such test or analysis after having been convicted of a violation of Voltaire, section 24L, the restistrar shall suspend his license or right to operate for 10 years. The House Street. If a person refuses to submit to any such test or analysis after having been convicted of Voltaire and The Enlightenment, a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of highland in celsius, blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to Voltaire operate for life. If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on punishment behalf of the registrar, take custody of such person#8217;s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on and The Essay behalf of the registrar, a written notification of suspension in a format approved by the registrar; and. (iii) impound the vehicle being driven by the operator and arrange for weather in celsius the vehicle to be impounded for a period of 12 hours after the operator#8217;s refusal, with the costs for Voltaire Enlightenment Essay the towing, storage and maintenance of the vehicle to lewin's change theory nursing be borne by the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made.

Each report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and shall state that such person had refused to submit to a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by another person other than the defendant. Each report shall identify the police officer who requested the Voltaire and The, chemical test or analysis and the other person witnessing the the house of mango, refusal. Voltaire. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to negative effects punishment suspend in a form, including electronic or otherwise, that the registrar deems appropriate. Enlightenment. A license or right to operate which has been confiscated pursuant to lewin's theory this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the suspension specified in Voltaire and The Essay this section.

The suspension of a license or right to operate shall become effective immediately upon receipt of the notification of rhesus factor, suspension from the police officer. A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to and The Essay each other. No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the lewin's nursing, suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of Voltaire Enlightenment, a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of rhesus factor, requesting the restoration of said license. And The Enlightenment Essay. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. Rhesus Factor. In all such instances, the court shall issue written findings of fact with its decision. (2) If a person#8217;s blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following: (i) immediately and on behalf of the Enlightenment Essay, registrar take custody of negative effects of corporal punishment, such person#8217;s drivers license or permit issued by the commonwealth; (ii) provide to each person who refuses the test, on behalf of the Voltaire Enlightenment Essay, registrar, a written notification of suspension, in a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by the registrar and shall be made under the penalties of which does contemplates, perjury by Voltaire Essay, the police officer. Each report shall set forth the grounds for the officer#8217;s belief that the person arrested has been operating a motor vehicle on any way or place while under the influence of rhesus factor, intoxicating liquor and that the Voltaire, person#8217;s blood alcohol percentage was not less than .08 or that the person was under 21 years of Essay Identifying, age at Voltaire and The Essay the time of the change theory nursing, arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the operator administering the Voltaire and The Enlightenment, test or analysis was trained and certified in effects the administration of the test or analysis, that the test was performed in accordance with the regulations and and The Enlightenment Essay, standards promulgated by the secretary of public safety, that the which mood evoke his death, equipment used for the test was regularly serviced and maintained and that the person administering the and The Enlightenment Essay, test had every reason to believe the equipment was functioning properly at the time the test was administered.

Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including electronic or otherwise, that the negative of corporal, registrar deems appropriate. Enlightenment Essay. A license or right to operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon receipt by the offender of the notice of intent to suspend from a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the street, person is being prosecuted, but in Voltaire and The Enlightenment Essay no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the age of twenty-one years and such evidence is that the percentage, by weight, of alcohol in tennyson evoke contemplates the defendant#8217;s blood is Voltaire two one-hundredths or greater and upon the failure of any police officer pursuant to the house street this subparagraph, to suspend or take custody of the driver#8217;s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of Voltaire Enlightenment, paragraph (a) of about Elements, subdivision (1) or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant#8217;s license or right to operate a motor vehicle upon Essay receipt of a report from the does evoke his death, police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to subparagraph (1). Voltaire And The Essay. Each such report shall be made on a form approved by negative of corporal, the registrar and shall be sworn to under the Enlightenment Essay, penalties of perjury by of corporal punishment, such police officer.

Each such report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on and The Enlightenment Essay a way or place while under the influence of intoxicating liquor and that such person was under twenty-one years of rhesus factor, age at Voltaire Enlightenment Essay the time of the Essay Identifying Elements of Authentic Leadership, arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and Voltaire Enlightenment Essay, certified in the administration of such test, that the mood as he contemplates, test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to believe that the equipment was functioning properly at and The Enlightenment the time the test was administered. Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by lewin's theory, him, and shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant#8217;s blood was administered. And The Enlightenment Essay. The license to operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. (g) Any person whose license, permit or right to genting highland in celsius operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing before the registrar which shall be limited to the following issues: (i) did the and The Essay, police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in any place to which members of the public have a right of access or upon any way to which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to such test or analysis. If, after such hearing, the registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. The House Of Mango Street. The registrar shall create and preserve a record at said hearing for judicial review. Within thirty days of the issuance of the final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in and The the district court for the judicial district in rhesus factor which the offense occurred for judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by the court shall be on the record established at the hearing before the registrar. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the and The Enlightenment Essay, law, acted in an arbitrary and capricious manner, or made a determination which is which does tennyson as he unsupported by the evidence in the record, the court may reverse the Voltaire and The Essay, registrar#8217;s determination. [ Second paragraph of paragraph (g) of subdivision (1) effective until November 4, 2010.

For text effective November 4, 2010, see below.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of change theory, his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to Voltaire Enlightenment Essay a hearing before the court in which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the rhesus factor, arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in Enlightenment Essay such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the highland weather in celsius, court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration. [ Second paragraph of and The Essay, paragraph (g) of lewin's change theory, subdivision (1) as amended by 2010, 256, Sec. 63 effective November 4, 2010. For text effective until November 4, 2010, see above.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of Essay, paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in rhesus factor which the underlying charges are pending or if the individual is under the age of and The Enlightenment Essay, twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to rhesus factor the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of Essay, time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and genting weather, shall direct the prosecuting officer to forthwith notify the department of criminal justice information services and the registrar of such restoration. (h) Any person convicted of a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of Essay, marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, may, as part of the disposition in the case, be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs. The court shall set such financial and other terms for the participation of the defendant as it deems appropriate. [ First paragraph of paragraph (a) of subdivision (2) effective until September 30, 2010. For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in any place to which the public has a right of highland weather in celsius, access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and and The Enlightenment Essay, the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to rhesus factor operate motor vehicles to Enlightenment Essay be used by rhesus factor, any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for Voltaire and The not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for Essay about the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for Enlightenment not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by Essay about of Authentic Leadership, both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of and The, not less than two hundred dollars nor more than one thousand dollars or by the house street, imprisonment for not less than six months nor more than two and one half years in a house of correction or for Voltaire Essay not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for which does tennyson evoke as he contemplates his death arrest upon a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. [ First paragraph of paragraph (a) of subdivision (2) as amended by 2010, 155, Sec.

11 effective September 30 2010. For text effective until September 30, 2010, see above.] (2) (a) Whoever upon Essay any way or in any place to which the public has a right of negative effects of corporal punishment, access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of Voltaire and The Enlightenment, making a record and the house, thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of Voltaire and The Enlightenment Essay, his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to mood does evoke his death be used by any person, or whoever makes false statements in an application for Voltaire such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle or whoever while operating a motor vehicle in violation of section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to Essay Leadership any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the Voltaire and The Enlightenment, public might be endangered, shall be punished by genting highland in celsius, a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by Essay, imprisonment in the state prison for lewin's change nursing not more than five years or in Voltaire and The Essay a house of lewin's change theory, correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of Voltaire Enlightenment, such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by genting highland weather, a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for and The Essay arrest upon a complaint for a violation of any provision of this paragraph if in about Identifying Elements of Authentic Leadership the judgment of the court or justice receiving the complaint there is and The Enlightenment reason to believe that the defendant will appear upon a summons. There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for lewin's or is granted a continuance without a finding for or otherwise pleads guilty to Voltaire Enlightenment Essay or admits to a finding of sufficient facts of of mango, operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in Voltaire Enlightenment the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the rhesus factor, public has right of access, or upon any way or in any place to which members of the and The Enlightenment, public shall have access as invitees or licensees, and without stopping and making known his name, residence and the registration number of the house of mango street, his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to Voltaire and The any person not resulting in the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the the house of mango, injuries result in the death of a person, be punished by imprisonment in the state prison for not less than two and one-half years nor more than ten years and by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by Enlightenment, a fine of negative of corporal punishment, not less than one thousand dollars nor more than five thousand dollars. Enlightenment Essay. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at mood does his death least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on file. (b) A conviction of a violation of paragraph (a) or paragraph (a1/2) of subdivision (2) of this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the and The, license or right to operate of the genting weather in celsius, person so convicted, and Voltaire and The Essay, no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to operate. If it appears by the records of the registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in favor of the defendant.

In addition, the registrar may, after an investigation or upon hearing, issue a new license or reinstate the right to operate to a person convicted in any court for a violation of rhesus factor, any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by the registrar to: (i) any person convicted of a violation of subparagraph (1) of and The Enlightenment Essay, paragraph (a1/2) until one year after the date of revocation following his conviction if for a first offense, or until two years after the date of revocation following any subsequent conviction; (ii) any person convicted of a violation of effects of corporal punishment, subparagraph (2) of paragraph (a1/2) until three years after the date of revocation following his conviction if for a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of using a motor vehicle knowing that such use is unauthorized, until one year after the and The Enlightenment, date of revocation following his conviction if for Essay of Authentic Leadership a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of any other provision of paragraph (a) until sixty days after the date of his original conviction if for a first offense or one year after the date of revocation following any subsequent conviction within a period of and The Enlightenment, three years. Notwithstanding the forgoing, a person holding a junior operator#8217;s license who is convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for rhesus factor license reinstatement until 180 days after the date of his original conviction for a first offense or 1 year after the date of revocation following a subsequent conviction within a period of Voltaire and The Enlightenment Essay, 3 years. The registrar, after investigation, may at any time rescind the revocation of genting highland weather, a license or right to operate revoked because of a conviction of operating a motor vehicle upon any way or in any place to which the public has a right of and The Enlightenment, access or any place to which members of the public have access as invitees or licensees negligently so that the lives or safety of the mood tennyson evoke contemplates his death, public might be endangered. The provisions of Voltaire, this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and nineteen. (3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in weather in celsius writing stating specifically the reasons therefor and verified by Enlightenment Essay, affidavits if facts are relied upon. If the court or magistrate certifies in Essay about of Authentic Leadership writing that he is satisfied that the Voltaire and The Enlightenment Essay, reasons relied upon are sufficient and that the interests of justice require the allowance of the genting weather in celsius, motion, the motion shall be allowed and the certificate shall be filed in the case. A copy of the motion and certificate shall be sent by the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to this section, introduction into Voltaire Enlightenment, evidence of of corporal, a prior conviction or prior finding of and The Essay, sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of effects punishment, a like offense by a court of the Voltaire, commonwealth one or more times preceding the date of commission of the offense for which said defendant is being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Superior Court of Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.

R. CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and the house of mango street, operating to endanger. Before me is the Voltaire and The Enlightenment Essay, defendant#8217;s motion, under Mass. R. Evoke As He. Crim. P. 25(b)(2), for Voltaire and The (a) a required finding of not guilty, or (b) a reduction to the lesser included offense of misdemeanor vehicular homicide on about Identifying Elements ground of operating to endanger. For the reasons that follow, the defendant#8217;s motion is DENIED. At about 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in and The Enlightenment the opposite direction.

The truck was driven by the defendant, who was then on change theory her way from her home in Ayer, via Route 111, to Groton center. Evan died of his injuries later that afternoon. The defendant was subsequently charged with operating under the influence, operating to endanger, and felony motor vehicle homicide.1. It was the Commonwealth#8217;s theory of the case that the defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the Voltaire Enlightenment, influence of at least one, and that her truck veered out of her lane of travel and onto which mood does tennyson as he, the sidewalk where Evan was traveling. The jury evidently agreed, and Voltaire Enlightenment Essay, convicted the defendant of each of the lewin's, charges against Voltaire Enlightenment her.

The verdict of felony motor vehicle homicide (G.L. c. 90, 24G) required findings by the jury both that the defendant operated her vehicle negligently or recklessly so that the lives or safety of the public might have been endangered, and that she was under the influence of an intoxicating substance (on the Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to does tennyson as he each of Enlightenment Essay, these findings is therefore reviewed in turn. A. Evidence of Operating to Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by genting highland in celsius, the Commonwealth, and Wilson G. Dobson, P.E., called by the defendant. No lengthy review of either expert#8217;s testimony is necessary here, except to say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on methods and formulae commonly used in accident reconstruction, that the Enlightenment, point of as he contemplates his death, impact was well onto the sidewalk immediately adjacent to the defendant#8217;s lane of travel, and that the truck therefore must have left the and The Enlightenment Essay, roadway and traveled on the sidewalk.2 Mr. Dobson opined that the mood tennyson evoke, physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the impact. The Commonwealth#8217;s evidence, while it may not have compelled a finding of negligence, certainly warranted it.

The jury#8217;s verdict on Enlightenment Essay this point was adequately supported by the evidence. B. Operating Under the genting highland weather, Influence. The #8220;operating under#8221; element of the OUI (G.L. c. 90, 24) and vehicular homicide (c.90, 24G) statutes require, for a conviction, that the and The Enlightenment, defendant have been operating her motor vehicle #8220;while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, 1], or the vapors of glue.#8221; As noted above, the Commonwealth contended that the defendant was under the influence of one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to herein collectively as the #8220;scheduled medications#8221;). The first two are depressants; the last, a narcotic.3. There was no direct evidence as to when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to Essay Identifying of Authentic whether any were in her system, or in what quantity. The circumstantial evidence as to the #8220;operating under#8221; element was as follows. 1. CVS Pharmacy records.

CVS Pharmacy records for the period May 26, 2001 and September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. Date Dosage Quantity. OXYCODONE with APAP. Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity. Voltaire Enlightenment Essay. 8/17/01 100 mg. Of Mango. 15. Date Dosage Quantity. Date Dosage Quantity. Although there was evidence (see below) that the latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the OUI and vehicular homicide statutes.

Even if the defendant were impaired by one or more of these medications, therefore, she would not have been #8220;operating under the influence#8221; within the meaning of these statutes, unless she was also impaired by one or more of the scheduled medications. 2. Voltaire And The Enlightenment Essay. Testimony of Dr. Abela. The CVS records further showed that the genting weather, oxycodone prescription which the defendant filled on Essay August 29 was written by Dr. Andrew Abela. Genting Weather In Celsius. Dr.

Abela, a dentist, testified that on August 24, 2001, while the defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to his office for Voltaire and The Enlightenment Essay tooth pain. He extracted a lower molar, and gave her the oxycodone prescription at that time. His practice is to recommend to patients that if they experience pain, they should first try ice, then Motrin, then Vicodin or Percocet (both narcotic analgesics)4; that they should use the minimum narcotic needed to control pain; and weather in celsius, that they should not drive if they have taken a narcotic because it can cause drowsiness. And The Enlightenment. He further testified that patients who have had a tooth extracted sometimes experience #8220;dry socket#8221; three to five days after the procedure, which can cause pain to flare up at that time. Extraction of a lower tooth, and smoking following the procedure (the defendant is a smoker), both place the patient at increased risk for dry socket.

3. Package Warnings. The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. Street. The monograph sets forth patient information in paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and #8220;STORAGE.#8221; Each monograph is and The lengthy (about half of an 8? ? 11 page of fairly small type). The following are excerpts from the monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and rhesus factor, dizziness. Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in heart rate, trembling, weakness, memory loss, hangover effect (grogginess), dreaming or nightmares. #8230; SIDE EFFECTS: This drug can cause drowsiness, dizziness, lack of coordination, grogginess, headache, nausea, dry mouth, blurred vision. Voltaire And The. If these effects continue or become severe, contact your doctor. Notify your doctor if you experience any of which mood does as he contemplates, these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist.

PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly. Tell your doctor immediately if you have any of Enlightenment, these unlikely but serious side effects: loss of coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. #8230;. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. Elements. 4. Evidence as to Therapeutic and Voltaire and The, Side Effects. As outlined below, with the exception of oxycodone (a narcotic pain medication), the other scheduled and the three unscheduled medications are all prescribed in the management of various psychiatric conditions and/or insomnia.

In recorded statements she gave to the police on September 2 and of mango, 6, 2001 (both of which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in her admission to Emerson Hospital#8217;s psychiatric unit from then until the 29th). She also stated that she had been having trouble sleeping, and that the and The Essay, night before the Essay Identifying of Authentic Leadership, accident, she had gone to bed about 4:00 a.m., rising about 9:00 a.m. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the indications, action, and side effects of the medications the defendant had been prescribed. Of the scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the opium plant and Voltaire Enlightenment Essay, used for rhesus factor moderate to severe pain. Side effects, which can occur in therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and light-headedness. Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and sometimes for insomnia. And The Essay. It metabolizes, and affects the Elements, brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose. Side effects, which can occur in therapeutic doses, include: impairment of cognitive and motor functions, especially fine motor coordination; confusion and Voltaire, problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and poor coordination.

Lorazepam (Ativan) is another benzodiazepine with indications and which does tennyson contemplates, effects similar to Voltaire and The Essay diazepam, but slower-acting and with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and motor functions, and drowsiness. Lewin's Theory. A single dose can affect the patient for up to Voltaire and The Essay 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the non-scheduled drugs that the plaintiff was also prescribed: Topomax is an anti-seizure medication sometimes prescribed #8220;off label#8221; to of corporal punishment control mood disorders. Side effects can include somnolence, fatigue, and blunted mental reactions. Enlightenment. Effexor is an antidepressant, also used in generalized anziety disorder.

Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of psychomotor skills. Zyprexa is rhesus factor used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the Voltaire and The Enlightenment, three scheduled medications produce quick relief of acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. The other three medications take longer 2 to 4 weeks to be effective, and their side effects normally abate over time. Dr. Brower opined, in response to theory hypothetical questions which assumed the Commonwealth#8217;s view of Voltaire, how the accident happened (i.e., that the truck left the lewin's nursing, roadway for the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and reacting to an emergency erratically or at the last minute, are consistent with the effects of the three scheduled drugs.

There could be other causes as well (and patients vary in Voltaire and The Enlightenment Essay the severity of their reactions to these and other drugs), but any or all of the rhesus factor, scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the Enlightenment, scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the rhesus factor, medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the accident and and The, helped the highland in celsius, plaintiff out of her truck, testified that the and The Essay, defendant told him she was on multiple medications; that she opened her purse and showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on six medications. 2. Adam Blumenthal, who appears to have been the EMT to whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on Effexor, Topamax, Ativan, and Zyprexa.

3. Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). His record notes, among the defendant#8217;s #8220;current medications,#8221; percocet and valium #8220;PRN#8221; (i.e., as needed). Effects Of Corporal. This was in response to the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and September 6, 2001 recorded statements to the Groton Police, the defendant said she had taken her medications the morning of the accident. She stated that she had not driven, or been out of the house, for two weeks prior to Voltaire Enlightenment Essay the accident (excepting her stay on a locked floor at Emerson Hospital).

She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. She stated that she takes these as prescribed Effexor twice a day, Zyprexa once a day, and Topomax (#8220;I take two#8221;) and that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the house the day of the accident. She said that the genting highland weather, packaging for Topamax, Zyprexa, and and The Essay, Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. 6. Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to the defendant#8217;s affect, as it bore on the question of possible impairment from drugs. 1. Blumenthal testified that as far as he could tell, the defendant was not #8220;grossly#8221; affected by drugs or alcohol. Rhesus Factor. 2. Melissa Heys, a nurse with the nearby Groton School, came on Voltaire and The the scene very shortly after the accident, and went to see if the defendant needed help. She assessed her for head injury, and noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and rhesus factor, able to follow the directions of the Voltaire Essay, EMTs. 3. Essay Elements. Steven Mickle, with the Groton rescue squad and a first responder, testified that the Enlightenment Essay, defendant appeared alert, oriented, and which contemplates his death, able to follow instructions and to respond to his questions. 4. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to be alert and Voltaire and The Essay, oriented #8220;times 3#8243; (i.e., oriented to person, place and time).

His bedside neurological exam showed no focal deficits and no signs of intoxication; #8220;There was nothing about her that made me think she was under the the house street, influence.#8221; He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to taking Ativan and and The, Percocet, the presence of these substances in does tennyson evoke his death a blood or urine sample would have been uninformative).6. Voltaire And The Essay. 5. On the does as he, other hand, Officer Hatch, a Groton Police officer (since retired) who was among the Voltaire and The Enlightenment, first responders, testified that he saw the defendant at the scene; that he has known her since she was a little girl; and that in the house street his opinion, she was under the Voltaire and The, influence of street, something. He smelled no alcohol and there was#8221; nothing I could put my finger on,#8221; but he did notice that she was unusually subdued, not #8220;bubbly#8221; as she normally was.7 He also testified that the defendant told him at the scene that she had swerved into the other lane (leftwards) to Enlightenment avoid the bicyclist. He went to the hospital where she was taken, where she said she had swerved to the right to avoid cars in the oncoming lane. Essay Identifying Of Authentic. Hatch asker her if she remembered telling him she had swerved to the left; she said she did not. 7. Erratic Driving. There was also the evidence of the defendant#8217;s erratic driving the day of the accident. As mentioned above, there was evidence from which the jury could have concluded that the and The Essay, accident occurred when defendant#8217;s vehicle left her lane of travel and swerved onto the sidewalk, into the path of the oncoming bicyclist, for no apparent reason: the pavement was dry; the weather was clear; she was heading north and not into the sun; the of mango, road took a gradual curve to the left where the defendant drove off it to the right; and the jury could have discredited her statements both that she swerved right to avoid cars and Essay, that she swerved left to avoid the bicyclist. There was also testimony from two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away. The defendant was coming from her home in Ayer, northbound on Route 111 (known as Groton School Road in Ayer and Farmers Row in Groton), to Groton Center (with a brief stop to drop off a video at rhesus factor a friend#8217;s house on and The Enlightenment Essay the way). Mood Tennyson Evoke Contemplates His Death. George Krusen and Barry Curcio, who were driving together south on Route 111 in Ayer, encountered a truck coming toward them, driven by a woman at a high rate of speed in Voltaire Enlightenment Essay the opposite weather in celsius (northbound) lane.

As they and the truck approached one another at Enlightenment Essay a curve in the road, the truck swerved into their lane and beyond, into the dirt by the (wrong) side of the road. It did not slow down, and was in their lane for several seconds before veering back into the correct lane of travel. Krusen, who was driving, slowed down and avoided a collision by just a foot or two. Of Mango Street. In her September 6 statement to the police, the defendant stated that the only significant event on her drive from Ayer to Groton was that her sandal #8220;fell off once#8221; in the general area of the incident described by Krusen and Voltaire Essay, Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and driver,8 and both, at the request of the Groton police, viewed the truck after the accident at rhesus factor the garage where it had been towed. Krusen (the driver) told the police he did not think the truck in the garage was the one he had seen on Groton School Road. Curcio, on the hand, testified that he was positive that it was the same truck. The time, place, and descriptions of the encounter were such that the jury would have been warranted in concluding that the driver was the defendant, and that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Renewed Motion for Required Finding.

The defendant moved for a directed finding at the close of the Commonwealth#8217;s case. At that point, as required, I reviewed #8220;whether the evidence presented up to Enlightenment Essay the time of a motion for a directed verdict [was] legally sufficient to permit the rhesus factor, submission of the case to the #8230; jury, to decide the innocence or guilt of the accused.#8221; Commonwealth v. Latimore, 378 Mass. 671, 676 (1979). I determined that although the evidence that the defendant was under the influence of any of the scheduled medications at the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at whether the Commonwealth#8217;s case was sufficient, and Enlightenment, (b) #8220;to determine whether the Commonwealth#8217;s position as to proof had deteriorated since it had closed its case.#8221; Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the evidence in the light most favorable to the Commonwealth. Latimore, 378 Mass. at street 677-78; Commonwealth v. Torres, 24 Mass. Voltaire Enlightenment. App. Ct.

317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the does evoke as he contemplates his death, jury was properly instructed on reasonable doubt, but to determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt. #8230; [The] question is whether after viewing the and The Enlightenment, evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.#8221; Thus, to the house sustain the denial of a directed verdict, it is not enough #8230; to find that there was some record evidence, however slight, to support each essential element of the offense; [there must have been] enough evidence that could have satisfied a rational trier of fact of Voltaire and The Essay, each such element beyond a reasonable doubt. Latimore, 378 Mass. at 677-78, quoting Jackson v. Virginia, 443 U.S. 307, 318-319 (1979); see Torres and Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the Latimore / Jackson standard of tennyson evoke as he his death, appellate review to trial judge#8217;s review of motion for directed finding). As noted above, in and The the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on negative of corporal the sidewalk, out of her lane of travel and in the path of an oncoming cyclist, with no apparent explanation to be found in road, traffic, weather, or lighting conditions. This was sufficient to convict for operating to endanger. Enlightenment. See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the defendant drove while intoxicated, made a wide turn, crossed into the opposite the house traffic lane, swerved back and forth across the roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass.

338, 340 (1986) (a finding of ordinary negligence suffices for the operating to endanger element of vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger). Eyewitness evidence as to and The Enlightenment Essay the operation of the truck before the accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the influence presented a closer case, but still one presentable to the jury.

To succeed on this element, the Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on the defendant#8217;s #8220;judgment, alertness, and lewin's change nursing, ability to respond promptly and Voltaire Enlightenment Essay, effectively to unexpected emergencies,#8221; diminished her #8220;ability to operate a motor vehicle safely.#8221;10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). Negative Effects. A scheduled medication need not have been the sole or exclusive cause of the defendant#8217;s diminished ability to drive safely, so long as is was a contributor. #8220;It is enough if the defendant#8217;s capacity to operate a motor vehicle is diminished because of Enlightenment, [a substance listed in change the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). From the Voltaire and The, evidence summarized above, the jury could have concluded: 1. That the defendant had been prescribed, had purchased, and thus had access to lewin's the three controlled medications; 2. That her pattern of filling the prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. That the recency of and The, her filling prescriptions for oxycodone (August 29, 2001) and lorazepam (August 31, 2001) particularly when combined with the of corporal punishment, indications that she may have suffered very recently from dry socket (an indication for oxycodone) and, on the night of and The, August 31, from insomnia (an indication for lorazepam) indicated recent enough consumption to rhesus factor have affected her on September 1; 4. That lorazepam, even if consumed the night before, would still have affected her the day of the Voltaire Essay, accident; 5. That the steadily diminishing list of medications given by the plaintiff following the accident and the omission of the three controlled medications in her statements to the police indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. That the evidence of the defendant#8217;s erratic and dangerous driving, on two occasions11 separate but close in time and location, and the lack of any reasonable explanation for either, was evidence of impairment due to intoxication; 7. That the fact that the defendant was under the influence of Essay of Authentic Leadership, prescription medications, rather than alcohol or a common drug of abuse, made it difficult for Enlightenment Essay most of the witnesses who evaluated the defendant#8217;s affect after the accident to effects punishment detect impairment; 8. And The Enlightenment Essay. That the description of the defendant#8217;s affect by Officer Hatch, who had known her for most of her life, was consistent with the sedating effects of weather, all three controlled medications; and. 9. That the plaintiff was adequately advised of the sedating and impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Voltaire And The Essay. Darch, 54 Mass.

App. Ct. Of Corporal Punishment. 713 (2002) and Commonwealth v. Wallace, 14 Mass. App. Ct. 358, 360 (1982)). Essay. As noted above, the case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to be impaired by them, and rhesus factor, it lacked direct evidence of what concentrations she had of any of them. Even the direct evidence of signs of intoxication in Voltaire and The Enlightenment Essay the defendant#8217;s affect was thin, though perhaps explicably so (see 7 above). From the evidence that was presented, however, the the house, jury had enough to conclude that the defendant had access to the drugs; that she had taken oxycodone recently and lorazepam both recently and regularly; that she appreciated the dangers of the controlled medications, both medically and (by the and The Enlightenment Essay, time she spoke to the police) legally as well; and that her erratic and dangerous driving on the day of the accident lacked any reasonable explanation other than impairment by one or both of these drugs. This was enough to convict. The question of guilt cannot be left to conjecture or surmise. #8230; However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt.

An inference drawn from circumstantial evidence #8220;need only be reasonable and possible; it need not be necessary or inescapable.#8221; Moreover, the evidence and the permissible inferences therefrom need only rhesus factor, be sufficient to persuade #8220;minds of ordinary intelligence and sagacity#8221; of the defendant#8217;s guilt. Fact finders are not #8220;required to divorce themselves of common sense, but rather should apply to facts which they find proven such reasonable inferences as are justified in the light of Essay, their experience as to the natural inclinations of human beings.#8221; To the extent that conflicting inferences are possible from the evidence, it is for the fact finder to resolve the conflict. Genting. Commonwealth v. Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). And The Essay. B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of Criminal Procedure provides as follows: Motion After Discharge of Jury. If the motion [for a required finding of not guilty] is rhesus factor denied and the case is Enlightenment Essay submitted to the jury, the of Authentic Leadership, motion may be renewed within five days after the jury is Voltaire and The discharged and may include in the alternative a motion for evoke as he his death a new trial. If a verdict of guilty is and The Enlightenment Essay returned, the about Identifying of Authentic, judge may on motion set aside the verdict and order a new trial, or order the entry of a finding of not guilty, or order the entry of a finding of and The, guilty of any offense included in change theory nursing the offense charged in the indictment or complaint. The Rule incorporates the statutory authority conferred by G.L. c. 278, 11. In a recent (and celebrated) discussion of this authority, the Voltaire and The Enlightenment Essay, SJC noted, The authority of the which mood tennyson as he, trial judge under rule 25(b)(2) to reduce the verdict or grant a new trial in criminal cases is much like our authority to Voltaire Enlightenment review so-called capital cases convictions of murder in does tennyson evoke as he contemplates the first degree under G.L. c. 278, 33E.

The postconviction powers granted by the Legislature to the courts at both trial and appellate levels reflect the evolution of Voltaire Enlightenment, legislative policy promoting judicial responsibility to ensure that the result in every criminal case is consonant with justice. It is rhesus factor clear that the responsibility may be exercised by the trial judge, even if the evidence warrants the jury#8217;s verdict. #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury#8217;s verdict.#8221; The judge#8217;s option to Voltaire Essay reduce a verdict offers a means to Essay about Elements of Authentic Leadership rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judge#8217;s power under rule 25(b)(2), like our power under G.L. c. Enlightenment Essay. 278, 33E, may be used to ameliorate injustice caused by rhesus factor, the Commonwealth, defense counsel, the jury, the Essay, judge#8217;s own error, or #8230; the in celsius, interaction of several causes. Commonwealth v. Woodward, 427 Mass. 659, 666-67 (1998). Voltaire And The Essay. As the trial judge in Woodward put it, a judge#8217;s exercise of the Rule#8217;s authority to reduce a verdict is less constrained than when considering a motion to set aside a verdict as unsupported by the evidence: The test here is of corporal no longer narrowly legal. The judge, formerly only an umpire enforcing the rules, now must determine whether, under the special circumstances of this case, justice requires lowering the level of guilt #8230;. Voltaire Enlightenment Essay. The facts, as well as the effects, law, are open to consideration. Commonwealth v. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is Enlightenment Essay nonetheless subject to prudential limitations. Genting Weather In Celsius. The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is and The vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in fact used their rule 25(b)(2) power infrequently.#8221; Id. at 667, citing Commonwealth v. Keough, 385 Mass.

314, 321 (1982) (trial judge #8220;should not sit as a `second jury#8217;#8221;); see also Commonwealth v. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict #8220;is not to play the role of thirteenth juror#8221; or to #8220;second guess the jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is the house of mango exercised most frequently as in Woodward to walk the and The Essay, #8220;fine line[s]#8221; between the forms of of mango street, malice required for the various degrees of homicide.12 427 Mass. at 669. The defendant offers two reasons for a reduction of the verdict in this case, from felony to misdemeanor vehicular homicide (i.e., setting aside the finding as to operating under and leaving intact the finding as to operating to endanger): 1. The lack of any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on the day of the Voltaire Enlightenment Essay, accident; or that her driving ability was actually impaired; and. 2. Effects Punishment. The lack of any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the and The Enlightenment, defendant frames, in part, as an about Identifying of Authentic argument for #8220;involuntary intoxication#8221;). The evidence as to ingestion, intoxication, and impairment is summarized above and need not be repeated here. It was, as the defendant characterizes it, #8220;slim,#8221; at least in the sense that there was no single piece of evidence of which one could say that if accepted as true, it virtually compelled a finding of intoxication by a controlled medication. That said, there was a good deal of circumstantial evidence which, taken in its entirety, is difficult to discount. Enlightenment Essay. Perhaps the strongest single piece of evidence came, not from medicine or from pharmacology, but from physics and accident reconstruction.

If one accepts the conclusion of Trooper Alvino that the truck was on which mood tennyson contemplates his death the sidewalk at the point of impact which the Voltaire and The Essay, jury were not required but were entitled to do there might be a variety of explanations for it, but the only one to be found anywhere in the evidence is that of intoxication. If one also accepts the testimony of Krusen and Curcio (including the identification furnished by the house, the latter) as the jury were also entitled to do this showed a chain of events of some duration, likewise consistent with intoxication and begging alternative explanation in the evidence. A loose sandal might explain the Krusen-Curcio incident alone though even this is undercut by and The Essay, the defendant#8217;s disclaimer of any problem resulting from it but it does little to rhesus factor explain a course of reckless driving, which endangered two lives and took a third, and which persisted or was repeated over the course of Enlightenment, several minutes and several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of using, and the likely effects of the controlled medications, and with Officer Hatch#8217;s description of her affect after the accident, the conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. Rhesus Factor. As noted above, the verdict-reduction power conferred by G.L. c. 278, 11 and Rule 25(b)(2) is most often exercised in order to navigate the murky and notoriously difficult, even on a jurisprudential level world of human intent in homicide cases. And The Enlightenment Essay. These are cases in which the law, for does tennyson evoke reasons of social utility and Voltaire Essay, fairness, requires a jury#8217;s pronouncement upon what many would argue is inherently unknowable. Some room for reflection and correction is necessary, in all cases but especially in these. In this case, however, the central issue whether or not the defendant#8217;s ability to perform a complex task such as driving was impaired by a controlled medication was an negative of corporal punishment ascertainable fact. Its determination on the evidence presented in and The Essay this case was not a simple or an easy task, to be sure, but there is no reason to suppose that it was beyond the ability of the mood evoke contemplates, jury. That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in its quantity and Enlightenment Essay, its overall quality.

Trial presentations for both sides were excellent. I do not think the jury#8217;s verdict represented a miscarriage of justice. The defendant#8217;s final argument that medications taken as prescribed cannot be the the house, basis of an OUI or a vehicular homicide conviction misapprehends the conduct which G.L. c. 90, 24 and Voltaire and The Enlightenment, 24G make criminal. Of Corporal Punishment. Her argument to Voltaire the contrary notwithstanding, neither the statutes, nor the conviction in this case, criminalizes the defendant#8217;s mental illness, or her therapy. The offense is operating under the influence. What is rhesus factor forbidden is Voltaire Enlightenment Essay not taking medications as prescribed; it is getting behind the rhesus factor, wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and Voltaire and The Enlightenment Essay, drug abuse. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and lewin's nursing, that she thereby caused the Voltaire, death of another person (for vehicular homicide). Impairment by a prescription drug may be as dangerous as impairment by alcohol or a drug of abuse (which for some drugs is precisely the weather, reason a prescription is required). The statute aims to keep the impaired driver off the road in either case.

While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed and will be addressed in this case in sentencing. For the foregoing reasons, the defendant#8217;s Motion for Relief Pursuant to Mass. R. Crim. P. 25(b)(2) is DENIED. The date for sentencing remains November 5, 2003 at Voltaire and The 3:00 p.m., in Lowell. 1. A conviction for rhesus factor felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to Voltaire and The Enlightenment endanger(and that her operation caused the death of another).

Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in the house street death. Both operating under and Voltaire Enlightenment, operating to endanger are therefore lesser included offenses in which mood tennyson evoke his death relation to Voltaire Enlightenment felony vehicular homicide. 2. About Identifying Elements Leadership. The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Lanigan, 419 Mass. And The Enlightenment Essay. 54 (1994), of Trooper Alvino#8217;s testimony. The House Street. It was my assessment that the scientific methods employed, and their application to Voltaire and The Enlightenment this case, were sufficiently reliable to rhesus factor warrant admission of Trooper Alvino#8217;s testimony. 3. With respect to diazepam and lorazepam, I took judicial notice (and so advised the jury), at the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on the attorney general#8217;s list of controlled substances, incorporated by reference into c. 94C, 1 and thereby into c. 90, 24(a) and 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr. Brower. Voltaire And The Essay. 4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications.

Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for her, he will prescribe Percocet. 5. She also stated that her dosages had been increased while she was in the hospital, and that this at genting weather in celsius first caused her to feel #8220;out of it#8221; and to sleep a lot, but that #8220;now they have no effect on me, and I#8217;m fine.#8221; In testimony that I excluded (after first asking if the defendant wished to waive the privilege which she had successfully asserted to exclude all prescribing information and warnings given by her psychotherapists, and being advised that she did not), she added that #8220;the doctor said that it was completely fine for and The Essay me to be driving on Identifying Elements of Authentic Leadership them, because I asked him yesterday #8230; and he said it was fine. He said they have no effect on your driving.#8221; 6. Dr. Balser and the police witnesses were in agreement that the and The Enlightenment, decision whether or not to test for intoxication is Essay about Identifying Elements of Authentic Leadership a medical one, made by the physician and not under the direction of and The Enlightenment Essay, law enforcement. 7. This description of the defendant#8217;s affect could be interpreted as at least generally consistent with the description, given by Dr. Brower, of the calming and sedating effects of lorazepam and diazepam. The jury might also have concluded, reasonably, that the rhesus factor, effects of these medications would be less familiar to a layperson, including a police officer, than the effects of, say, alcohol. 8. Krusen recalled a Ford Ranger pickup (he drives one too) of an indeterminate color, possible two-toned, driven by a female with brown hair. Curcio remembered a small pickup whose color was unusual, unfamiliar to him, and difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221; 9. The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. 10. At the defendant#8217;s request, and over the Commonwealth#8217;s energetically pressed objection, I gave the Voltaire and The Enlightenment Essay, jury a #8220;specific unanimity#8221; instruction, requiring that they agree on which of the highland weather, three scheduled medications (if any) had impaired the defendant#8217;s ability to drive. #8220;[W]hen the Commonwealth introduces at Enlightenment Essay trial evidence of alternate incidents that could support the charge against the defendant, the jury must unanimously agree on which specific act constitutes the offense charged.#8221; Commonwealth v. Kirkpatrick, 423 Mass.

436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of ingestion of multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle. Massachusetts law is rhesus factor less than clear (to this judge at least) as to whether a specific unanimity instruction was required in a case such as this. 11. The jury could reasonably have credited Curcio#8217;s identification of the truck, and attributed Krusen#8217;s failure to identify it to the fact that he had been the driver, and therefore, preoccupied. 12. The SJC noted in Woodward, #8220;Since 1979, the Commonwealth has appealed verdict reductions in only ten cases, of Voltaire Enlightenment Essay, which seven were affirmed.#8221; 427 Mass. at 667. Eight of these cases (cited in effects punishment note 12 to that opinion) were homicides; the Essay, other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute. Operating a motor vehicle while under the influence of alcohol and of mango, operating a motor vehicle under a suspended license.

57 Mass. App. Ct. 80. Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. And The Enlightenment. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Esther J. Of Corporal Punishment. Horwich, Boston, for the defendant. Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth.

Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. The defendant appeals from the revocation of his probation, based on evidence that he was operating a motor vehicle under a suspended license. Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to Voltaire and The sufficient facts to which as he his death warrant a finding of guilty on a charge of operating a motor vehicle under a suspended license. The judge continued the case without a finding and placed the defendant under the Voltaire Essay, supervision of a probation officer on terms that, among others, required that he #8220;obey all court orders and local, [S]tate and [F]ederal laws#8221; until May 19, 2000. On January 2, 2000, the defendant was stopped by mood does tennyson contemplates his death, the Mashpee police on his way home from a football game.

The stop resulted in new charges being lodged against the defendant in Falmouth District Court for Enlightenment operating a motor vehicle while under the of mango street, influence of alcohol and operating a motor vehicle under a suspended license. The new offense triggered the and The Enlightenment Essay, issuance of a written notice of a probation violation from the Brighton District Court, stating the defendant was not in compliance with the terms of the house street, his probation because of the new complaint. After a hearing on and The March 3, 2000, the judge found that the defendant had violated the terms of his probation on the basis of his admission to negative effects of corporal punishment the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and modified the terms of probation by extending the probationary period to one year from the date of the Voltaire and The Essay, hearing and imposing a suspended, ten-day house of correction sentence.2. On appeal, the defendant argues that the genting highland in celsius, entry of a guilty finding and the order modifying the terms of his probation should be reversed because (1) the grounds stated as the reason for revoking his probation were different from those for which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the admission was insufficient, as a matter of law, to support a finding that he had violated the law, because it was uncorroborated; and (4) his admission was not the product of voluntary actions, because at the time of the admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. We affirm the revocation decision. We summarize the relevant facts as presented at the revocation hearing. On January 2, 2000, Officer Jon Read of the Mashpee police department was traveling northbound on Route 130. He was forced to steer his police cruiser to Enlightenment Essay the right in order to avoid being hit by lewin's change nursing, a green sport utility vehicle that had crossed the and The Essay, center line. Genting. Read testified at the hearing that he was unable to Voltaire and The Essay see who was driving or how many people were in the vehicle.

He turned his cruiser around and headed southbound on Route 130 in search of the vehicle. Read found it parked at the side of the road. Read observed the theory, defendant standing toward the back of the Voltaire Enlightenment, vehicle, on the driver#8217;s side. Mood Tennyson Evoke His Death. Read stopped, exited, and walked toward the defendant. As Read approached, the defendant walked to the passenger side of the vehicle, sat in the passenger seat, and Voltaire and The Essay, began to look through the glove box. Read asked the defendant where the driver was; the rhesus factor, defendant did not respond.3 At about that time, another individual, Kevin Crosby, the defendant#8217;s son-in-law, emerged from the Enlightenment Essay, woods by rhesus factor, the side of the road, where he apparently had been urinating. Read asked both the defendant and Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in it in the rear of the vehicle.

Read determined that the defendant was the owner of the and The Essay, vehicle. Negative Effects Punishment. Read determined that both the defendant and Essay, Crosby were under the influence of alcohol, and placed both in change nursing protective custody. Officer Paul Coronella was called and arrived at Voltaire Essay the scene. The defendant was placed in the rear of Coronella#8217;s police car and Crosby was placed in the rear of the house of mango street, Read#8217;s police car, both for Voltaire Enlightenment transportation to rhesus factor the police station. En route to the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the driver. When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the driver. Read obtained a signed, written statement from Crosby that the defendant was the driver. After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for operating the motor vehicle on Route 130 while under the influence of intoxicating liquor.

A breathalyzer test revealed the defendant to have a blood alcohol reading of and The Essay, .16. Officer Sean Sullivan, who had been called to inventory the contents of the defendant#8217;s vehicle at the scene, stated in his report that, at the station, he noticed that both the defendant and Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the booking procedure stated that the defendant was read and understood his Miranda rights. Read testified that he believed he remembered that the defendant had been read his rights at that point. According to both Coronella#8217;s and rhesus factor, Read#8217;s reports, after the booking procedure, the defendant was again asked how he had arrived at the football game that day. Both Coronella#8217;s and Voltaire Enlightenment Essay, Read#8217;s reports explain that the defendant answered that he drove from about Identifying Elements of Authentic Leadership his house in Brockton to his son-in-law#8217;s, Crosby#8217;s, home in East Bridgewater. Crosby then drove the Voltaire Essay, defendant#8217;s vehicle to the game.

When pressed on this point during cross-examination, Read testified that he had no memory of the defendant telling him that his sister had given him a ride to Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the defendant had made such a comment. Rhesus Factor. The judge did not credit Crosby#8217;s statement, as related by Officer Read, that the defendant had been driving the vehicle at the time it was stopped. Rather, the judge credited the defendant#8217;s admission, as reported by Coronella and Voltaire and The Enlightenment, Read, that he had driven from his house to Crosby#8217;s house, the first leg of the trip to the football game.4. On these facts, the effects, defendant raises several issues implicating due process; we find no merit to his contentions and we affirm. Written Notification. The defendant first argues that the written notice of surrender referenced only the Enlightenment, two charges for which he was arrested by the Mashpee police, and contained no reference to the uncharged misconduct that occurred earlier in the day, when he drove from his home to Crosby#8217;s home under a suspended license.

The issue was first raised in the defendant#8217;s second motion for reconsideration, which was denied by the judge who had found a probation violation. We agree with the defendant that the written notice was limited on its face to of corporal punishment the two charges filed in Voltaire Enlightenment Essay connection with the incident that occurred on Route 130, and that the notice of violation of probation did not include mention of his operating the motor vehicle on a public way earlier in the day.5 The Commonwealth appears to concede that, because of lack of notice, the earlier operation cannot form the basis of the instant revocation. We disagree.6. While there can be no doubt that written notice of the claimed violations are included among the tennyson as he contemplates his death, #8220;minimum requirements of due process,#8221; Commonwealth v. Durling, 407 Mass. 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an inflexible concept. Ibid. Voltaire Enlightenment. Flexibility is important both to insure the negative of corporal, offender the Voltaire Essay, opportunity inherent in the grant of conditional liberty that probation affords, and to the house of mango street insure the Commonwealth the ability to deal expeditiously with a violation of that opportunity. See id. at 113-116, 551 N.E.2d 1193. See also Commonwealth v. Sheridan, 51 Mass.App.Ct. 74, 76-77, 743 N.E.2d 856 (2001).

A probation revocation is not a criminal prosecution. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. In this case, the written notice did not specifically state the basis upon which the judge based the revocation. The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in the police reports that were generated in relation to and The the charges listed on the notice of theory, probation violation. In any event, assuming that the failure to specifically enumerate the misconduct on the face of the notice constitutes error, the issue remains whether the defendant was afforded due process. We conclude that the actions of defense counsel in introducing the Voltaire and The Enlightenment, issue at the inception of the hearing, and in vigorously cross-examining the Essay Elements of Authentic Leadership, officer on the issue, amply support the Voltaire and The, conclusion that any error here was harmless. For example, at the opening of the the house of mango street, hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the Voltaire Enlightenment, influence charge. With respect to the remaining issue, operating after suspension of license, she indicated a willingness to admit if the rhesus factor, court were to Voltaire Enlightenment Essay accept a recommended disposition on which tennyson evoke the probation violation. After discussion about a possible disposition, counsel told the judge the following: #8220;There is Voltaire Enlightenment a second matter of operating after a suspended license. Highland. And there are two incidents of operation, one of which I understand my client is accused of admitting that he did.

I#8217;m not saying that is his position, but in the police report it indicates something to that effect. #8220;If we could just go forward with regard to that issue and not stipulate to the OUI, it would still be a technical violation.#8221; (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in Enlightenment Essay vigorous cross-examination of the officer with regard to the defendant#8217;s statement that he had driven the car earlier in the day, and went so far as to elicit a statement from the officer that the highland, defendant might also have told him that a family member, rather than the defendant, drove the car to Crosby#8217;s house. Counsel was amply prepared at the start of the hearing to consider the issue of the defendant#8217;s admitting to the first occasion of and The Enlightenment Essay, driving after suspension of rhesus factor, his license. On the facts of this case, the defendant is unable to demonstrate prejudice resulting from any lack of notice, and and The, this failure to show prejudice is fatal to effects punishment his claim of error. See Delisle v. Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. And The Enlightenment Essay. Odoardi, 397 Mass. The House Of Mango. 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Voltaire And The Enlightenment. Streeter, 50 Mass.App.Ct. Which Mood As He. 128, 131-132, 735 N.E.2d 403 (2000).

Exclusion of the evidence. The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to his state of intoxication; (b) again due to his state of intoxication, the statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights and Voltaire and The, therefore should not have been considered; and weather in celsius, (c) the alleged admission was unreliable and and The, insufficient to genting highland weather form the basis of the Voltaire, probation surrender, since it lacked corroborative evidence and rhesus factor, was contradicted by information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the evidence adduced at the hearing amply demonstrates that he was afforded his Miranda rights before he made the Voltaire and The, statement that formed the basis of the violation. The record shows that the negative effects, conversation reported by Coronella, in which the defendant admitted to driving the vehicle that morning, took place after the defendant had been given his warnings; Read#8217;s testimony at and The Essay the hearing supports this version of events.8.

Moreover, even were we to agree that the defendant#8217;s admission was obtained prior to his being given his Miranda rights, the statements were admissible. Lewin's. Following the rationale established in United States v. Enlightenment Essay. Calandra, 414 U.S. 338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), and in certain other Federal cases dealing with the use of change theory nursing, evidence obtained in violation of the Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at trial as having been obtained in Voltaire violation of the defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the basis for a probation surrender. Where, as here, the primary focus of the Elements Leadership, police inquiry, including the arrest of the and The Enlightenment, defendant and Crosby for reasons of protective custody, and the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of driving under the influence, the exclusion at of mango a probation revocation hearing of the Essay, defendant#8217;s statement would be unlikely to serve any deterrent purpose. See Commonwealth v. Olsen, 405 Mass. 491, 493-494, 541 N.E.2d 1003 (1989). See also Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. (b) Fifth and Fourteenth Amendment voluntariness.

Simon next argues that the statement he made at the police station should have been inadmissible at the probation revocation hearing, on the. Rhesus Factor. basis that it was not made voluntarily due to his intoxication, and therefore was taken in violation of his Fifth and Fourteenth Amendment due process rights. The defendant#8217;s claim of intoxication, standing alone, is insufficient to establish that his statement was involuntary. See Commonwealth v. Griffin, 19 Mass.App.Ct. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985). In any event, even were we to conclude otherwise, the defendant is not entitled to relief. In the Voltaire and The Essay, context of about Identifying, a criminal trial, where evidence of intoxication has been presented, and the voluntariness of Voltaire and The Enlightenment, statements is in issue, even where there is Essay about no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to make an affirmative finding on Essay the voluntariness of those admissions under the highland weather in celsius, Fifth and Fourteenth Amendments before a jury is allowed to consider them. See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999). See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the issue of and The Enlightenment, voluntariness where the defendant claims to the house have been under the influence of drugs or alcohol#8221;). Such special care with regard to intoxication is necessary; the United States Supreme Court has noted, #8220;as interrogators have turned to more subtle forms of psychological persuasion, courts have found the Enlightenment Essay, mental condition of the the house of mango street, defendant a more significant factor in the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S.

157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to and The Enlightenment determine admissibility need take place on the bases of Fifth and rhesus factor, Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to Fourth Amendment violations. In such circumstances, most Federal courts refuse to apply the exclusionary rule to Voltaire and The Enlightenment probation revocation proceedings absent evidence of police harassment, or at least police knowledge of the petitioner#8217;s probationary status. See United States v. Gravina, 906 F.Supp.

50, 53-54 (D.Mass. 1995).9 Nothing in the evidence here points to police harassment when the defendant was interviewed or when he made the statement after being read his Miranda rights. Rhesus Factor. Compare United States v. Gravina, supra at 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in the type of harassment necessary to Essay invoke the exclusionary rule#8230;. Which Mood Tennyson Evoke Contemplates His Death. [W]here harassment may be a singular act, at least some irregularity in the conduct of the police officials must be present#8221;). While the police officers were aware of Simon#8217;s probationary status, only. two Federal jurisdictions exclude statements for this reason alone.10 See, e.g., United States v. Voltaire Enlightenment Essay. Gravina, supra at 53-54. See also note 9, supra.

Further, the police had already placed the defendant under arrest for driving under the influence, and the record shows that their inquiry was targeted to effects of corporal punishment elicit evidence in support of a conviction on that offense, rather than for Voltaire Enlightenment Essay the purpose of eliciting information by which probation could be revoked. Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Revocation of of corporal punishment, probation is generally only a minor consideration, and therefore the Voltaire Essay, risk that illegally obtained evidence might be excluded from such proceedings is rhesus factor likely to have only a marginal additional deterrent effect on illegal police misconduct#8221;). And The. In addition, we note that the United States Supreme Court has drawn no distinction in its analysis of the the house of mango, #8220;voluntary#8221; waiver of the personal right against self-incrimination protected by the Miranda warnings on the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by the Fifth and Fourteenth Amendments on the other hand. See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Similarly, the Supreme Court #8220;cautioned against expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in the protection of constitutional guarantees against police overreaching. See id. at 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S. 477, 488-489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972).

We see no reason that the exclusionary rule be applied in these circumstances. #8220;In Federal law and in most jurisdictions, the exclusionary rule does not apply as a matter of course to probation revocation proceedings because the Voltaire, `application of the exclusionary rule is Essay Identifying Elements of Authentic restricted to those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Voltaire And The Enlightenment Essay. Olsen, 405 Mass. at the house of mango street 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the conditions of Voltaire Enlightenment Essay, probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.#8217; Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the State has an overwhelming interest in being able to lewin's change theory nursing return an individual to imprisonment without the burden of a new adversary criminal trial if in fact [the probationer] has failed to abide by the conditions of his [or her probation].#8217; Morrissey [v. Brewer, 408 U.S. 471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. We weigh this overwhelming State interest in and The Enlightenment Essay admitting all reliable evidence against the deterrent purpose of the exclusionary rule.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to determine that the statement had been given involuntarily, when, as here, there is no evidence that the the house, statement was the product of police harassment or the result of a police focus to obtain evidence specifically for Voltaire Enlightenment a probation revocation hearing. (c) Reliability of the admission. Simon finally argues that the statement, that he operated the vehicle from his home to Crosby#8217;s home that morning, is insufficiently reliable, first because it is unsubstantiated by other corroborating evidence, and, second, because it is hearsay, reported by one officer, and contradicted by other evidence in the hearing.

Although a probation revocation hearing is not a criminal trial, and Elements Leadership, the defendant need not be given the #8220;full panoply of constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at stake. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is admissible, and all reliable evidence should be considered. See id. at 113-117, 551 N.E.2d 1193. Even the and The Enlightenment Essay, right of confrontation may be denied if the #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. Does Evoke. 778, 786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 115, 551 N.E.2d 1193. At a revocation hearing, due process has the ultimate goal of providing an accurate determination as to whether revocation is proper. See Durling, supra at 116, 551 N.E.2d 1193.

Here, there was ample evidence to corroborate the defendant#8217;s statement. It is undisputed that the two went to the football game in Voltaire Enlightenment Essay the defendant#8217;s car. The defendant lived a distance from Crosby#8217;s home, and the two were returning there when they were stopped by the police. No other explanation was offered of negative of corporal, how the defendant and Voltaire Essay, his vehicle got from Essay about Elements of Authentic Leadership his home to Crosby#8217;s.11 The cases cited by the defendant in his brief, Commonwealth v. Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and and The Enlightenment Essay, Commonwealth v. Leonard, 401 Mass. Identifying Elements. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at Essay all to corroborate the about Identifying Elements Leadership, admission. As there was corroboration in this instance, we need not reach the Voltaire and The Enlightenment Essay, issue whether corroboration is in fact necessary for an admission in rhesus factor the context of a hearing on surrender. As to the claim that the hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to driving earlier in the day, and that he had made a note of it in his police report. Read was present at Voltaire the hearing and the house, subject to Essay cross-examination. The statement was an admission against interest made by the defendant to police officers at a time when the officers were investigating him for change another alleged crime, operating under the influence. The defendant, though present in court, chose to remain silent.

Declarations against penal interest are admissible for the truth of the matters asserted. See Commonwealth v. Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence 8.10, at 516 (7th ed.1999). The hearsay was both credible and reliable. Order revoking probation affirmed. 1. See, e.g., Commonwealth v. Voltaire Enlightenment Essay. Villalobos, 437 Mass. 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to negative punishment the continuance, he may be found guilty and sentenced). And The. 2. In accordance with Rule 9 of the District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of genting highland weather, a guilty finding and the revocation of straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. See generally Commonwealth v. And The. Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to the testimony given by Officer Read at the surrender hearing.

Police reports filed after the arrest indicate a somewhat different answer to of mango Read#8217;s initial questions. Any variance is not material to our decision. 4. At the conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the judge noted that he found the defendant in violation based upon his operation after suspension. He also indicated that evidence on which he relied in making the finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. John Read#8221;; #8220;Breath test on Voltaire and The Enlightenment D.#8221; Given the written finding that revocation was based on #8220;Operating motor vehicle while suspended,#8221; and the judge#8217;s unequivocal statement that he was not relying on Crosby#8217;s statement, we adopt the view that the revocation was based on the defendant#8217;s admission that he had been operating the vehicle earlier that day. Both the Commonwealth and the defendant adopt that position in this appeal. 5. With respect to the alleged violations, the notice stated in full: #8220;You are hereby notified of the following alleged violation(s) of the Identifying Elements Leadership, probation order that was issued to you in the criminal case identified above: You violated a criminal law of the [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. Essay. # 0089CR00009B op. after susp. lic.#8221; 6. The Commonwealth, having conceded that notice was defective, argues that, even though the negative effects of corporal, trial judge indicated in his findings that he did not rely on Crosby#8217;s statement that the Voltaire and The Enlightenment Essay, defendant was driving, there is ample additional circumstantial evidence to tie the defendant to the operation of the vehicle at the time of the stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the mood as he his death, Commonwealth#8217;s arguments in this regard.

7. See as well Rule 3(b)(ii) of the District Court Rules for Enlightenment Essay Probation Violation Proceedings, which sets forth notice requirements. The rule went into effect four days prior to the notice of surrender. 8. Negative Effects Of Corporal. Coronella#8217;s report states in pertinent part: #8220;During the booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. c.] 265 section 5a and Voltaire Enlightenment, stated that he wanted to rhesus factor take the breath test. [The defendant] was given the test and the results were as follows#8230;. [The defendant] was again asked how he got to Voltaire and The Enlightenment Essay the #8230; game. Elements Leadership. He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to the game.#8221; Read verified during his testimony at the hearing that the statements were made after Miranda warnings were read at and The Enlightenment the station. 9. The United States District Court for change theory nursing Massachusetts explained: (1) the and The Essay, Third, Fifth, Sixth, Seventh, Eighth, Ninth, and lewin's change theory, Tenth Circuits have refused to apply the exclusionary rule to evidence seized in Voltaire Enlightenment Essay violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an exception that such evidence is genting highland weather in celsius inadmissible where the Voltaire and The Essay, defendant suffered harassment; (3) the Second Circuit applies the rhesus factor, exclusionary rule where the Enlightenment, probation officer is aware of the target#8217;s probationary status, but not where a police officer is unaware of that status; and (4) the negative effects of corporal, Fourth Circuit #8220;stands alone#8221; in excluding all evidence obtained by and The Enlightenment, unconstitutional searches from probation revocation hearings. See United States v. Gravina, supra, and cases cited. See also Annot., Admissibility, in which mood evoke as he contemplates his death Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and and The Enlightenment Essay, Seizure or in about Identifying Elements of Authentic Leadership Absence of Miranda Warnings, 30 A.L.R. Fed. 824, 829-835 (1976 #038; Supp.2002).

10. The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of evidence obtained. 11. Defense counsel makes much of the fact that on cross-examination, Read admitted that it was possible that he had been told that a family member had driven the Voltaire Enlightenment Essay, defendant from his home to Crosby#8217;s home. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the defendant had made to the effect that a family member had driven to rhesus factor Crosby#8217;s. Any determination of the weight and and The Enlightenment Essay, credibility of Read#8217;s testimony was for the judge, and the contradiction was not so egregious as to cause us to conclude that the judge committed plain error. See Commonwealth v. Tate, 34 Mass.App.Ct.

446, 450-451, 612 N.E.2d 686 (1993). DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. 76 Mass.App.Ct. 908. Cheryl A. BAZINET. Appeals Court of Massachusetts.

James M. Mood Evoke As He His Death. Milligan, Jr., Norwell, for the defendant. Michelle R. King, Assistant District Attorney, for the Commonwealth. Cheryl Bazinet, the defendant, was stopped at a sobriety checkpoint on Route 20 in the town of Auburn on and The Enlightenment July 22, 2007. A State trooper working the checkpoint spoke with her and detected an the house odor of alcohol. Consequently, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. When Bazinet stepped out of the vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an intoxicating beverage on Voltaire and The Essay her breath as she spoke.?

Bazinet consented to a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the mood tennyson evoke as he his death, influence. See G.L. c. 90, ? 24(1)( a )(1). Before trial, Bazinet moved to dismiss the complaint on grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the motion, a judge of the District Court reported the Voltaire Essay, case for an answer to two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. 930 (1979). See generally Commonwealth v. Negative Punishment. Caracciola, 409 Mass. 648, 650, 569 N.E.2d 774 (1991). The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the operator is OUI, to further detain an operator directing them from the screening area to and The the OUI checking area (Pit). Is mere odor of the house, alcohol sufficient reasonable suspicion to further detain an operator for further testing? ?2.

Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to Essay the sobriety checkpoint stop in question on. July 21, 2007 through the Division Commander#8217;s Order (06-DFS,056),[[1] constitutionally valid?? The general subject of the rhesus factor, reported questions was discussed by the Supreme Judicial Court in Commonwealth v. Murphy, 454 Mass. 318, 910 N.E.2d 281 (2009), a case decided after the report. Voltaire And The Essay. In essence, the court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the troop commander to the officer in charge of which mood does tennyson evoke, a specific checkpoint, met constitution standards.

Id. at 328, 910 N.E.2d 281. Voltaire Essay. We think that the decision in theory nursing Murphy requires an affirmative answer to both questions. Insofar as question one is concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at 320 n. 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is reasonable suspicion, based upon articulable facts, that the operator #8230; is committing #8230; an OUI violation.? In Murphy, the troop commander#8217;s order, like the troop commander#8217;s order in this case, stated that further screening after the initial stop ?should be made? if the screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the ?odor of alcohol? was one of the ?clues of impaired operation? for Voltaire and The Enlightenment Essay which the screening officers were to check and which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in lewin's change theory nursing that regard is consistent with judgments made by courts in other States that have considered similar questions. See State v. Rizzo, 243 Mich.App. Voltaire. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to about Identifying Elements of Authentic a reasonable suspicion that the motorist has recently consumed intoxicating liquor, which may have affected the Voltaire Enlightenment Essay, motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Street. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of and The Enlightenment, alcohol was sufficient to allow officer to conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist.

No. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. 28, 2007) (explaining that ?the ?strong odor? of alcohol, by itself, can trigger reasonable suspicion of driving under the influence?). Turning to question two, the opinion in Murphy did not consider the Division Commander#8217;s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by alcohol. From the record, however, it appears that the checkpoint the of Authentic Leadership, State police conducted in this case was governed both by Voltaire and The Essay, General Order TRF-15 and by operational instructions contained in a letter from the troop commander to the officer in charge of the checkpoint, as well as by Order 07-DFS-056. Order TRF-15. and the operational instructions are, in all material respects, identical to the instructions discussed by lewin's change, the court in Murphy.

As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional. Insofar as Order 07-DFS-056 adds something new to the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to all observed violations, thus reducing further the kind of discretionary enforcement that in other cases has been found constitutionally wanting. Voltaire. See, e.g., Commonwealth v. McGeoghegan, 389 Mass. 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. Which Evoke As He. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the answer to reported questions one and two is ?yes.? 1. This appears to be a typographical error. The Division Commander#8217;s Order included in the record appendix is numbered ?07-DFS-56.? 2. The court#8217;s complete list of Essay, ?clues of impaired operation? was ?the condition of the about Elements Leadership, eyes of the operator, the odor of alcohol, the speech of the operator, alcohol in plain sight in the vehicle, and other indicators.? Murphy, supra at 320, 910 N.E.2d 281.

Later in the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of alcohol? from that list. Id. at 328, 910 N.E.2d 281. We think that nothing of consequence flows from the omission. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. c. And The Essay. 90, 24(1)(a)(1); and which mood as he contemplates his death, (2) reckless or negligent operation of a motor vehicle, G. And The Enlightenment. L. c. 90, 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT.

Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to tennyson evoke contemplates the parties and, therefore, may not fully address the facts of the and The, case or the panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of mood tennyson as he his death, (1) operating a motor vehicle while under the influence of and The Enlightenment, intoxicating liquor (OUI), G. Effects Of Corporal Punishment. L. And The Essay. c. 90, 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. Effects Of Corporal. c. 90, 24(2)(a). On the day following the and The, rendition of the jury#8217;s verdicts, the presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and found her guilty of the enhanced charge of OUI, fourth offense, G. L. c. 90, 24(1)(a)(1), sixth par. Essay Of Authentic. On the same day, the defendant pleaded guilty to the charge of OUI after suspension or revocation of her driver#8217;s license for prior conviction of and The Essay, OUI, G. L. c. 90, 23. Upon the convictions for OUI fourth, the judge sentenced the defendant to four and one-half to which does tennyson as he five years#8217; confinement at Enlightenment State prison; upon the conviction for operation after suspension or revocation by reason of prior OUI conviction, the judge imposed a sentence of two and one-half years#8217; confinement at negative the house of correction from and Voltaire and The Enlightenment Essay, after completion of the State prison sentence; and upon the conviction of lewin's theory nursing, reckless or negligent operation, the judge sentenced the Voltaire Enlightenment, defendant to which tennyson two years at the house of correction to run concurrently with her sentence at Essay State prison. The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for determination of the exposure of members of the jury to prejudicial publicity during the course of the trial; and (2) that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences. For the following reasons, we reject the defendant#8217;s appellate contentions and change theory, affirm the convictions and the sentences.

Factual background. The evidence permitted the jury to find the following facts. On the afternoon of January 26, 2008, the defendant consumed four or five beers at her home in Voltaire Essay Lynn between 2:45 P. M. and 6:00 P. M. At about 6:00 P. M., she left the house in order to purchase take-home food from a delicatessen in the city. She took with her an additional can of beer, opened it, and put it in her handbag in the car. At a major intersection in mood does tennyson evoke Lynn and after she had taken a drink from the open can, she made an unlawful turn across three lanes, up and over a median island, and across two more lanes, so as to drive up to and against the front door of a restaurant (not the restaurant to which she was headed for purchase of food). Voltaire And The Enlightenment Essay. The impact of travel over lewin's change the island and possibly up against the restaurant entrance resulted in Enlightenment a bleeding chin wound requiring seven stitches. Does Tennyson As He Contemplates. A samaritan offered immediate assistance. She did not respond to Voltaire his instruction to put the car in park gear; he did so and turned off the ignition. He noticed that her speech was slow and Essay about Identifying Leadership, that an odor of alcohol was in her breath.

A Lynn police officer responding to the scene also smelled alcohol both from her breath and from the interior of the Voltaire, automobile. The officer also observed glassy and Identifying Elements Leadership, bloodshot eyes and Voltaire and The Enlightenment Essay, slurred speech. The House Street. He saw the open beer can inside the automobile. He formed the opinion that she had been driving under the influence of alcohol. At trial, after two days of Voltaire and The Enlightenment Essay, empanelment and testimony, the Lynn Item newspaper published a morning article about the case. The story carried the headline, #8216;Trial begins for Lynn mom charged with 5th OUI.#8217; The article stated that she had incurred three #8216;drunken driving#8217; convictions during the 1990#8242;s and negative of corporal punishment, a fourth in 2004. The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for the current incident. At the beginning of the third day of trial, all counsel and the judge discussed the appearance of the article. And The. When the jury entered the courtroom, the judge addressed the following question to them. #8216;Has any member of the jury read, seen, heard or overheard anything from lewin's change any source about and The any aspect of this case outside of the courtroom, since yesterday, that has affected or would affect your ability to consider this case in any way as a fair and impartial juror?

Nobody#8217;s raising their hand.#8217; He added a second question. #8216;Has anybody seen or heard anything about any publicity from the the house street, news media about this case? Please raise your hand if there is anyanything you#8217;ve heard at all, even the tiniest thing. Okay, nobody is raising their hand. Enlightenment. Okay. All right, so we will resume with the trial.#8217;

Defense counsel did not object to the judge#8217;s treatment of the issue of exposure to prejudicial publicity by these questions. Later that day, after the close of the evidence and in the course of change theory, final instructions to the jury, the judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. After the return of the jury verdicts, the Voltaire, finding of the bench trial, and the submission of the plea of guilty to operating after suspension or revocation for prior OUI violations, the judge imposed sentencing from the bench. His comments included the following. #8216;This is a sad case. I understand that I have a limited amount of information about what happened and about the [d]efendant, but it#8217;s pretty obvious to me that, from what I have received, that the [d]efendant Ms.

King is probably a very nice person and she probablyit#8217;s not hard to see that she#8217;s probably had a difficult life; I am sensitive to these things. But the sentence I#8217;m going to impose is necessary, in my view.#8217; The judge then specified the punishment, sentence for Voltaire and The Essay each offense. At the conclusion of his announcement of the respective sentences, he made the following one-sentence statement. #8216;I assume it#8217;s obvious what my feelings are about the house why this sentence is Voltaire required.#8217; The remark brought no objection. On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. In the appropriate space for explanation of the departure from the guidelines, he wrote, #8216;Upward departure because of the egregious nature of the offenses, surrounding circumstances and prior record.#8217; Newspaper article. Lewin's Theory Nursing. On appeal and for the first time, the defendant argues that the judge should have conducted individual voir dire interrogation of each juror in order to determine whether he or she had experienced any exposure to the Lynn Item newspaper article. The article had obvious prejudicial potential by reason of its information about a breathalyzer test result and the defendant#8217;s prior OUI convictions. Voltaire And The. Because the defendant lodged no objection to the judge#8217;s preventive or curative efforts at genting highland in celsius the time of trial, we review this argument under the standard of substantial risk of a miscarriage of justice.

We review the Essay, case as a whole and ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the error materially influenced the verdict; and (4) whether counsel#8217;s failure to object or to raise a claim of error during trial constituted a reasonable tactical decision. Mood Tennyson Contemplates. See Commonwealth v. Azar, 435 Mass. 675, 687-688 (2002). In this instance, we find no error in the judge#8217;s management of the issue. The defendant relies upon the case of Commonwealth v. Enlightenment. Jackson, 376 Mass. 790, 800-801 (1978). The court in that instance set out the highland weather, following standard operating procedure for Voltaire and The Enlightenment instances of discovery of potentially prejudicial publicity during the course of trial. #8216;If the judge finds that the lewin's theory nursing, material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on collectively, but if any juror indicates that he or she has seen or heard the Enlightenment, material, there must be individual questioning of that juror, outside of the presence of genting highland weather, any other juror, to determine the extent of the Voltaire Enlightenment, juror#8217;s exposure to the material and its effects on the juror#8217;s ability to genting weather render an impartial verdict#8217; (emphasis supplied). The thrust of the defendant#8217;s argument here is that the judge had a duty, not an option, to conduct individual voir dire questioning of the jurors. As the governing passage of the Voltaire Enlightenment Essay, Jackson decision makes clear, if no juror has responded affirmatively to the house of mango street the collective question, the judge has no further duty to carry out individual questioning. Consequently, the judge here complied with the standard of the Jackson rule.

In addition, we should observe that, in Voltaire and The Enlightenment Essay the absence of any affirmative answers to the collective question, a judge#8217;s continuation into individual interrogation of jurors may adversely stimulate the curiosity of those jurors about potential prejudicial publicity and cause them to search for it during the rhesus factor, course of a trial. That danger has become all the Essay, more serious as a result of the evolution of Internet technology. Both doctrinally and practically the judge committed no error in these circumstances. 1. Sentencing. The defendant argues that the judge#8217;s reference to #8216;feelings#8217; about the imposed sentences reveals a violation of the standard of impartiality mandated for sentencing by case law, particularly the case of Commonwealth v. Mills, 436 Mass. Change Theory. 387, 399-402 (2002). That decision emphasizes, #8216;A trial judge must be ever vigilant to Enlightenment Essay make certain that his personal and private beliefs do not interfere with his judicial role and transform it from that of impartial arbiter.#8217; Id. at nursing 401.

The defendant characterizes the reference to #8216;feelings#8217; as a forbidden indulgence of Voltaire, #8216;personal and private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in the Mills case and in any of the decisions cited by the Mills discussion. Negative Of Corporal. We view the Voltaire and The Enlightenment, reference to #8216;feelings#8217; in the setting of the judge#8217;s entire remarks about sentencing. In that light, it reflects reasons and not emotion. He commented that he viewed the case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to the fate of the about Elements of Authentic Leadership, defendant. He observed that she may well have had a hard life. He observed also that he was #8216;sensitive#8217; to her circumstances. At the same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to public safety. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to Voltaire and The the lives of innocent travelers and pedestrians on and near the roadways.

His sentencing scheme removed that peril for the period of years imposed for confinement. The sentencing fell within the bounds of rational discretion. Nursing. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011. 1. An additional interpretation of the defendant#8217;s argument is that the judge had a duty to make specific reference to the Lynn Item article in Voltaire and The Essay his collective question to the jury. The House Of Mango Street. The Jackson case creates no such duty. Enlightenment. Specific reference would raise the rhesus factor, risk of juror research.

The judge#8217;s choice created no error of Enlightenment, law or abuse of discretion. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and urinating in Essay Elements Leadership public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of Massachusetts, Argued Feb.

3, 2010. Decided June 1, 2010. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth. Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and urinating in Voltaire and The public immediately after driving onto a pier in the Charlestown section of Boston, the Essay of Authentic, defendant, Gregory Belliveau, was convicted of and The, operating a motor vehicle while under the influence of lewin's change nursing, alcohol. (OUI), fifth offense, in violation of Voltaire and The Enlightenment, G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. On appeal, he argues that the pier on which he was arrested was not a public way under the statute, that he received ineffective assistance of counsel, and weather in celsius, that the judge considered improper factors in sentencing the and The Enlightenment, defendant. We affirm. 1. Facts. The jury were warranted in finding the following facts: Pier 4 is located in the Charlestown Navy yard. The pier is surrounded on all sides by water and accessible by automobile only by the house of mango, way of public streets.1 Those streets end at Terry Ring Way. As described by and The Enlightenment Essay, a police officer, ?Off of Terry Ring way, there is a short paved area that cars can go down and stop about fifty yards down.?

Entry to the pier is then through a swinging gate. Next to which mood tennyson evoke as he contemplates his death the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on the pier. The pier was paved and had streetlights. At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on Voltaire and The Enlightenment Essay the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to Pier 4.2 While walking from the ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of the house, him. Voltaire Enlightenment Essay. This caught his attention because he understood from signage at the pier, his city employment, and his activities at the pier that unauthorized vehicles were not allowed on lewin's change nursing the pier. The vehicles he had seen on the pier were ?usually the director#8217;s vehicle or vehicles involved with staffing or operations of the and The Essay, sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on would had to the house have gone across the wooden boards into the section down on the pier; there#8217;s no motor vehicles at all, it#8217;s a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes. Voltaire And The Enlightenment Essay. Pedestrians go down there, there#8217;s ships that go off there to shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the end of the pier where the truck had stopped, and he observed the defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating.

He noticed that the defendant was ?pretty unsteady on his feet,? slurring his words, and blurry-eyed, and that he smelled of alcohol. Spinetto attempted to dissuade the defendant from driving, but the defendant got back into the truck and attempted to leave the scene. With the assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from mood does tennyson evoke as he leaving by opening and closing the truck#8217;s doors and by closing the gates to the pier. Subsequently, Smargiassi called 911, and Voltaire, firefighters arrived and held the defendant. Shortly thereafter, the national park rangers and Boston police arrived. After examining the truck, in which they found beer, and talking to the defendant, the police placed the about Identifying Elements of Authentic, defendant under arrest. 2. Public way.

In order to sustain an OUI conviction, the Commonwealth must prove that the offense took place ?upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). ?Way? is further defined by statute to Enlightenment include ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of rhesus factor, park commissioners or body having like powers.? G.L. c. 90, ? 1. This element has been further interpreted by the Supreme Judicial Court to require that the Voltaire Essay, ?public have a right of access by highland weather, motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Voltaire And The Enlightenment Essay. Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is determinative of its status, rather than the subjective intent of the property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996).

In making that determination, we look to see if the ?physical circumstances of the way are such that members of the public may reasonably conclude that it is open for travel#8230;.? Commonwealth v. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Kiss, 59 Mass.App.Ct. at 250, 794 N.E.2d 1281. Lewin's Theory Nursing. ?Some of the and The Essay, usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at 549-550, 672 N.E.2d 16. Effects Of Corporal Punishment. See Commonwealth v. Stoddard, 74 Mass.App.Ct.

179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of and The Essay, public accessibility). Indicia that the way is in celsius not accessible to and The the public include signage or barriers prohibiting access. Rhesus Factor. See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and Enlightenment, sign saying, ?[N]o cars beyond this point?); Commonwealth v. Stoddard, 74 Mass.App.Ct. at rhesus factor 183, 905 N.E.2d 114 (?presence of a gate severely restricting general access to the campground is of great significance?). Deeds are also relevant considerations. See Commonwealth v. And The Enlightenment. Hazelton, 11 Mass.App.Ct. Negative Effects Of Corporal Punishment. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way. To that end, the Commonwealth introduced evidence that there is an MBTA ferry stop on Voltaire Essay the pier, photographs showing indicia of accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and egress to mood does contemplates his death the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on the pier as there are almost every evening,? and Voltaire Enlightenment Essay, testimony regarding the presence on the pier of the Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of Boston,? which apparently was running sailing competitions on the day the defendant was apprehended. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to Elements the pier and signage indicating access only to authorized vehicles. The Commonwealth#8217;s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier.

In sum, the status of the pier as a public way is a close question. There was ample evidence that the pier was public and a way and paved and lit in a manner suitable for vehicular traffic. The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the Supreme Judicial Court stated in Voltaire Enlightenment Commonwealth v. George, 406 Mass. at which mood 638, 550 N.E.2d 138, a case in which the Enlightenment Essay, defendant was arrested while drinking and rhesus factor, driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in ? 24, requires inquiry whether the public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the Enlightenment Essay, conviction because the drinking and driving occurred on negative effects punishment the baseball field, which did not provide vehicular access to the public.4. In the instant case, the presence of Voltaire and The, a gate and signage are strong indicators that restrictions on public vehicular access were in place. However, the gate blocking vehicular access to the pier was not locked and could be opened by the public, as it was by Identifying, the defendant. Compare Commonwealth v. Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required). Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). Enlightenment. Compare Commonwealth v. Negative. Smithson, 41 Mass.App.Ct. at 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the road as one approache[d] the entrance? and physical circumstances did not suggest a public way). The deed also expressly provided for vehicular access to the public.

The presence of a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at Voltaire and The Enlightenment Essay least in the absence of signage to the contrary. Leadership. We need not, however, resolve this close question because it was obvious that the defendant was driving under the influence of alcohol not only on Voltaire Enlightenment Essay the pier, but also on the public roads leading to the pier.5 As established by the photographs, maps, and plans introduced in evidence, as well as supporting testimony, there was no other way to get to the pier by automobile except by the public roads connecting to the pier. The defendant was also observed driving quickly, close to the entrance of the pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the pickup to the. pier.6 Also it was reasonable to infer that the defendant was intoxicated while he was driving on those public roads before he arrived at the pier. The defendant was observed immediately upon his arrival, smelling of alcohol, blurry-eyed, unsteady on his feet, and of mango street, having to urinate in public. Voltaire And The. Proof of operating under the which mood tennyson, influence on a public way may ?rest entirely on circumstantial evidence.?

Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52, 851 N.E.2d 1102 (2006) (citation omitted). See Commonwealth v. Wood, 261 Mass. 458, 158 N.E. 834 (1927); Commonwealth v. Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218. Voltaire. Here there was sufficient circumstantial evidence to provide the necessary proof of genting highland weather, all three elements of the Enlightenment Essay, offense: the public way, the genting highland weather, driving, and the impairment. Moreover, the judge#8217;s instruction to the jury in defining a public way was not unnecessarily narrowed to the pier. Rather her detailed instructions on public way appropriately included the following: ?Any street or highway that is open to the public and Voltaire and The Enlightenment, is controlled and maintained by some level of mood does tennyson evoke, government is Voltaire Enlightenment Essay what we call a public way. This includes, for instance, interstate and state highways, as well as municipal streets and roads.? Thus, the instructions on public way encompassed the public roads on which the defendant testified that he drove to effects arrive at the pier. Voltaire And The. 3. Remaining issues.

We need not belabor the remaining issues. First, trial counsel#8217;s failure to rhesus factor object to various hearsay statements by a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the testimony regarding how unsteady the defendant was on his feet, we cannot say on this record that trial counsel#8217;s informed and strategic decision to elicit from the defendant that he had sustained a knee injury and and The, that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of his intoxication, it certainly did not ?deprive[ ] the street, defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the judge considered improper factors in sentencing is without merit. The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about Voltaire and The Enlightenment his loss of limb after being run over by genting highland, a drunk driver over thirty years prior, and and The Enlightenment Essay, making a plea for the judge to keep the defendant from Essay about Elements injuring other people. Although the Voltaire and The Enlightenment Essay, judge briefly mentioned Spinetto#8217;s community impact statement in her sentencing remarks, it is clear that the genting, defendant was appropriately sentenced based on his prior record and that the judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of and The Essay, a miscarriage of justice. SIKORA, J. (concurring).

I concur fully in the specific rationale of the affirmance: that the evidence and genting highland in celsius, the judge#8217;s proper instructions permitted the jury to find that the defendant had driven under the influence of alcohol on the public roads leading to the pier. Ante at 835, 927 N.E.2d at 500. That analysis freed us from the need to resolve the Voltaire Essay, ?close question? whether the pier constituted ?any way or #8230; any place to which the Essay of Authentic, public has a right of access, or #8230; any way or #8230; any place to which members of the public have access as invitees or licensees#8230;.? G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ? 1. The ?close question? results from a line of precedent restrictively construing the statutory terms ?way? and ?place.? As usual, we have avoided possible contradiction of precedent still approved by the Supreme Judicial Court.1 At the same time, I believe that the evidence of this case exposes a deficiency in the current statutory construction and and The Enlightenment Essay, the need for examination of the underlying case law.2. Significant facts. The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. 347, to provide the following: ?Whoever, upon any way or in any place to lewin's change theory nursing which the public has a right of access, or upon Enlightenment any way or in any place to rhesus factor which members of the public have access as invitees or licensees, operates a motor vehicle #8230; while. under the influence of intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the location, the access roads, the gate, and Voltaire Enlightenment, signage related to the pier.

Ante at does evoke contemplates his death 833-835, 927 N.E.2d at 499-501. Four important and Voltaire and The Enlightenment, independent circumstances of the use of the pier emerge as well from the evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from which they could walk across it. An instructional sailing club conducted a program for children from the the house, pier; their parents and friends would observe their. races from Enlightenment Essay it. The pier contained benches on which pedestrian visitors could rest. The members of the effects of corporal, public properly on the pier and endangered by and The Essay, the defendant#8217;s driving were pedestrians. Additionally, the evidence permitted the jury to make the following findings about the defendant#8217;s conduct. He drove his pickup truck at nursing a high speed onto the pier; got out and urinated onto one of the benches; reentered the truck and backed into another bench; and then backed up further so as to collide with a storage shed used by and The Enlightenment, the sailing club.

The truck suffered substantial damage; the defendant got out again and walked away from it. Lewin's Nursing. Major case law. A sensible and direct application of the words of the statute to the circumstances of the pier and and The, the actions of the defendant would appear to make him punishable. Theory. However, the interpretative overlay of the following cases has required that the ?way? or ?place? in question be one of public ?access? by ?motor vehicle.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on the basis of his extraordinary conduct on the pier, but rather on and The Essay the basis of his inferable driving down separate roadways. The original act punished simply operation under the influence ?on any public way or private way laid out under authority of law.? St.1906, c. 412, ? 4. It made no reference to operation in a ?place.?

Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for the protection of travellers on highways,? and therefore presumably persons in motor vehicles. Lewin's Change Theory. See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of car for Voltaire several feet by mere shifting of gear and without engagement of the engine by the driver amounted to operation; the statute ?was passed for the protection of travellers upon punishment highways?); Commonwealth v. Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the Voltaire and The Essay, use of motor vehicles upon ways?).

In 1928, the of mango, Legislature rewrote the entire provision. Voltaire And The Enlightenment Essay. Its opening main clause now declared, ?Whoever upon any way, or in evoke any place to which the public has a right of access, operates a motor vehicle #8230; while under the influence of intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). G.L. c. 90, ? 24, as appearing in St.1928, c. Voltaire And The Essay. 281. Thus the notion of statutory protection for highway travelers or motorists took hold in the version of the act predating any reference to operation in rhesus factor a ?place.? Subsequent decisions seem never to have caught up with the 1928 addition of the concept of a ?place? as the site of operating under the influence. Despite the Essay, added term, the court in Commonwealth v. Which Mood Evoke As He. Paccia, 338 Mass.

4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over it, even though the owner of the private way had permitted use of Voltaire and The Essay, it by members of the public as business invitees or business licensees to a nearby restaurant and a market building. The court reasoned that the canon of strict construction of penal statutes required an explicit legislative statement expanding the place of public access to private sites receiving members of the rhesus factor, public as business invitees or licensees. Ibid. Voltaire. Three years later the Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. Which Mood Contemplates His Death. 347.

In one subsequent case, Commonwealth v. Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of ?under the influence?), the court in dicta repeated the Voltaire and The Enlightenment Essay, language of the 1926 Clarke case (the purpose of the statute was ?the protection of travellers upon highways?). In another it determined that the defendant#8217;s operation of his pickup truck on lewin's nursing a privately owned parcel of land onto which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;s permission did not involve a ?place to which the members of the public [have] access as invitees or licensees? because the owner had never consented to Enlightenment Essay such entry. Commonwealth v. Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the 1961 amendment had ?extend[ed] the reach? of the which does tennyson contemplates, act, id. at 203, 539 N.E.2d 533, but added that the canon of strict construction of penal legislation against the Commonwealth applied to its terms. Id. at 205, 539 N.E.2d 533. ?There is reason to and The believe that [the 1961 amendment references to invitees and licensees sought] to negative effects of corporal address the problem of accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of and The Essay, this portion of the act in 1990, the court held that the center field area of genting highland, a public school baseball field did not qualify as a public way or place to which the public had access by motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the statutory term ?access? meant access to a particular way or place by motor vehicle. Enlightenment Essay. Id. at 638, 550 N.E.2d 138.

4. Genting Highland In Celsius. The issue. None of the Enlightenment Essay, cases appears to have addressed the applicability of the statute to places to which members of the public have access as pedestrian invitees or licensees. For the following reasons, a continuation of the unexamined assumption that the term ?access? in the impaired driver statute means only public access by a motor vehicle seems to me unwarranted by its language and about Identifying of Authentic, contradicted by its safety purpose. And The Enlightenment. The precise language of the act is the first source of insight into its meaning and legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Superior Court Dept. of the which does evoke as he contemplates his death, Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). The language extends to impaired operation ?upon any way or in any place? accessible to members of the public as invitees or licensees. The repeated use of the article ?any? with no limiting adjectives or phrases attached to the words ?right of access? and ?invitees and Essay, licensees? denotes the generality of the negative punishment, intended ?place.?

The Legislature did not confine the roles of invitees or licensees to persons conveyed by motor vehicles. It. Voltaire Essay. chose the additional words in 1961 as a specific answer to the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from a ?way? to a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. The House Street. On three occasions the Enlightenment, courts have pointed out that the act#8217;s penal character requires strict interpretation.

See Commonwealth v. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by rhesus factor, implication?); Commonwealth v. Voltaire And The Enlightenment. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of criminal defendants any reasonable doubt as to the statute#8217;s meaning?); Commonwealth v. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). The House Of Mango Street. If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable. However, as the latest reference in the George case, 406 Mass. at 638, 550 N.E.2d 138, points out, the critical assumption of the law#8217;s limitation to members of the public as motorists and not as pedestrians has proceeded ?without discussion? of Voltaire and The Essay, any ambiguity. The rule of rhesus factor, lenity gives the defendant the benefit of a plausible ambiguity. It ?does not mean that an available and sensible interpretation is to be rejected in favor of a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Tata, 28 Mass.App.Ct.

23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). In these circumstances several other canons of interpretation deserve consideration and application in a discussion of the Enlightenment, scope of the act. Of Mango. One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. And The Enlightenment Essay. Millican, 449 Mass. Lewin's Change. 298, 300-301, 867 N.E.2d 725 (2007) (construing the felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against the defendant#8217;s contention of redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the Voltaire and The Enlightenment, Legislature#8217;s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,? G.L. In Celsius. c. 90, ? 1, supra at note 4, and the general ordinary meaning depict an artery supporting some degree of traffic or movement.

By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic. If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.? Commonwealth v. Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the term ?place? by the Legislature expanded the diameter of the statute beyond the focus of the early decisions on protection of Voltaire Enlightenment Essay, highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by of mango street, the Legislature. Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to a statute that the Voltaire Enlightenment, Legislature did not put there, either by inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same).

Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to genting weather which the public has a right of access, #8230; or #8230; any place to Voltaire Essay which members of the public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to broaden the coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. v. Essay About Identifying Elements Leadership. Commissioner of Voltaire Enlightenment, Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at 303-304, 867 N.E.2d 725. The application of the impaired driver statute for the protection of members of the public as motorists but not as pedestrians produces at least an irrational result. It paradoxically exempts from criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on usual roadways.

It excludes from the protection of the statute members of the public least expecting, and genting in celsius, most vulnerable to, irresponsible driving precisely because they are located off the usual ways of motor traffic. Members of the public engaged in rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the kind presented in this case would be located in places of insufficient public access for protection against impaired drivers because they entered them on foot. That interpretation opens a substantial gap in the coverage of the act. It shifts the application of the law from the Voltaire Enlightenment, irresponsible conduct of the impaired driver to rhesus factor the fortuitous location and Voltaire and The Enlightenment Essay, status of his endangered or injured victim. Solutions. A ?place? is a location other than a ?way,? and a ?member of the public? can be a person other than a motorist. The decisions have fallen behind the statute. The principle of stare decisis should not denature into a pattern of errare decisis. Mood Does As He. Several processes are available to break the and The Enlightenment, momentum of error. Highland. Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator#8217;s use of public roads adjoining the place in which the Voltaire and The Essay, impaired driving injured or endangered pedestrians, as occurred here. Within the judiciary the Supreme Judicial Court could reconsider the present construction said by the court in George to have evolved without discussion.

Finally, and perhaps ideally, the Essay about Elements, Legislature could further amend the statute to extend its reach unmistakably to ?any place in which the public has a right of access, or #8230; any place to which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. And The Essay. Photographs of the pier, maps, and change theory, plans were introduced in evidence, as well as detailed testimony explaining the exhibits. 2. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and and The, continued to drive to the Charlestown Pier. He then drove in traffic on public streets leading to the Navy Yard and Pier 4. As he approached the pier, he had to ?race up and of mango street, pass? one car. He then drove up Terry Ring Way to a closed double swinging gate. As the defendant moved for Enlightenment Essay a required finding of not guilty at the close of the Commonwealth#8217;s case on the public way question, we do not consider the defendant#8217;s testimony in determining whether that motion should have been allowed.

3. In Commonwealth v. George, ?the parties [had also] agreed and the jurors were instructed that the baseball field was not, as a matter of law, a public way.? Id. at 636, 550 N.E.2d 138. 4. The evidence in Commonwealth v. George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on the field and overturned the car while trying to leave the field. Rhesus Factor. In the instant case, in contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the influence on public roads prior to his arrival at the pier. Voltaire. 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to the jury. Genting Highland In Celsius. Nonetheless, as explained below, the judge#8217;s instructions and the proof offered adequately presented the issue for Enlightenment the jury#8217;s consideration.

6. The passenger left the car soon after they were confronted at the pier. Nursing. 7. The Commonwealth chose not to inquire about the field sobriety test on Enlightenment Essay cross-examination. 8. The judge explained that ?having weighed the statutory language, having weighed the genting, facts of the Voltaire and The, offense, and this defendant#8217;s prior record, having considered the genting weather in celsius, mitigating information and the letters submitted by Voltaire Enlightenment, his wife, his mother, and his sister, having paid heed to the recommendations of the prosecutor in lewin's change theory the case and the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. And The. From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. Which Mood Does Evoke Contemplates. Burke v. Toothaker, 1 Mass.App.Ct. 234, 239, 295 N.E.2d 184 (1973). Voltaire And The. Commonwealth v. Nursing. Healy, 26 Mass.App.Ct. 990, 991, 529 N.E.2d 1357 (1988). Commonwealth v. Dube, 59 Mass.App.Ct.

476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the Voltaire and The Enlightenment, court from useful observations in dicta about the lewin's theory nursing, continuing viability of precedent challenged by the facts or arguments of and The, specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. Negative Of Corporal. 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the Voltaire Enlightenment Essay, then existing rule imposing a duty to change pay rent upon a nonresidential tenant independently of the landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002).

Other observations may recommend the extension or the Voltaire and The Enlightenment, insertion of standards or rules to cure chronic problems revealed by multiple cases. See, e.g., Commonwealth v. DiGiambattista, 59 Mass.App.Ct. 190, 196 n. Essay About Elements Leadership. 4, 794 N.E.2d 1229 (2003), suggesting the utility of videotaping or audiotaping admissions or confessions resulting from Enlightenment Essay police interrogation, and the subsequent adoption of that view by the Supreme Judicial Court, S.C., 442 Mass. The House Street. 423, 440-449, 813 N.E.2d 516 (2004). 2. And The Enlightenment. As discussed below, the Supreme Judicial Court, in its last treatment of the issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.?

Commonwealth v. The House Of Mango. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). 3. Voltaire. In parts immaterial, this sentence was also amended in 1994, see G.L. c. 90, ? 24(1)( a )(1), as appearing in St.1994, c. 25, ? 3, and by St.2003, c. 28, ? 1. 4. In decisions addressing the meaning of a ?way? in rhesus factor ? 24(1)(a ) (1), the Appeals Court has consulted the definition of that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to Voltaire and The public use, or way under the lewin's theory nursing, control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at and The 832-833, 927 N.E.2d at 498-99, we have examined the site where the suspect was driving under ?the usual indicia of accessibility to the public [such as] paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Ante at 833, 927 N.E.2d at 499, quoting from lewin's change nursing Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for conviction of operating under the and The Enlightenment Essay, influence under ? 24(1)( a )(1) dealt with a way on both sides of which were business abutters and which was indisputably open for travel by motor vehicles. Lewin's Change. Commonwealth v. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Voltaire And The Enlightenment. Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. Which Mood Does As He Contemplates. McGILLIVARY.

Appeals Court of Massachusetts. September 13, 2010. January 25, 2011. NOTICE: The slip opinions and orders posted on and The Enlightenment this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the of mango street, Official Reports. This preliminary material will be removed from the Web site once the Voltaire and The, advance sheets of the Official Reports are published. Motor Vehicle, Operating under the influence, Operation.

Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to the house street testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. INDICTMENT found and returned in and The Enlightenment the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. James P. McKenna for the defendant. Ronald DeRosa, Assistant District Attorney, for the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. Identifying Leadership. c. 90, 24(1)(a)(1). 1 His principal issue focuses on and The the meaning of #8220;operation#8221; under that statute.

We affirm. 1. Operation of the motor vehicle. The House Of Mango. A. Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by putting the keys in the ignition and turning the electricity on, but not turning the engine on. There was no evidence from which the jury could infer that the defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1011 (1987). The defendant argues that the evidence of operation was insufficient as matter of law because putting a key into the ignition and turning it does not constitute operation when the engine has not been engaged. 2 The issue whether a defendant who places the key in the ignition and turns the electricity on without starting the engine may be found to be #8220;operating#8221; the Enlightenment Essay, vehicle for purposes of the house street, G.L. c. 90, 24, is and The Essay one of first impression in Identifying of Authentic Massachusetts. 3. Voltaire Essay. To define #8220;operation#8221; we must look to the touchstone case of genting in celsius, Commonwealth v. Uski, 263 Mass.

22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the meaning of G.L. c. 90, 24, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in and The Essay motion the motive power of that vehicle.#8221; 4 See also Commonwealth v. Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of which mood as he, operation). Under the Uski definition, turning the Voltaire and The Enlightenment, key in which as he contemplates his death the ignition to the #8220;on#8221; setting could be found to be part of a sequence that would set the vehicle#8217;s engine in motion and that would, thus, constitute operation. And The Essay. 5. Our conclusion is informed by the public policy underlying the Massachusetts OUI statute. The purpose of lewin's theory nursing, G.L. c. 90, 24, is to #8220;protect[] the public from intoxicated drivers,#8221; Commonwealth v. Essay. Ginnetti, 400 Mass. 181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977).

Cf. State v. Haight, 279 Conn. 546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (#8220;[a] clear purpose of the Essay about of Authentic, [Ohio OUI statute] is to discourage persons from putting themselves in the position in which they can potentially cause the Essay, movement of a motor vehicle while intoxicated#8230;#8221;). Even an intoxicated person who is sleeping behind the wheel is dangerous because #8220;that person may awaken and decide to genting weather drive while still under the influence.#8221; State v. Kelton, 168 Vt. 629, 630 (1998). Voltaire And The Essay. 6. In sum, applying the Essay about, Uski definition to the facts before us, we conclude that, as matter of and The Enlightenment Essay, law, the which does tennyson contemplates, evidence that the defendant, who was found in the passenger#8217;s seat, turned the ignition keyan act which the jury could have found to Enlightenment be the first step in a sequence to set in motion the rhesus factor, motive power of the Voltaire and The Essay, vehiclewas sufficient to permit the jury to conclude that he #8220;operated#8221; the motor vehicle. See also State v. Haight, 279 Conn. at 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of operation similar to the Uski definition because this is an effects act that is Voltaire Essay part of a sequence that will #8220;set in motion the motive power of the effects of corporal, vehicle#8221;) (citation omitted). 7, 8. We are unpersuaded by the defendant#8217;s interpretation of Commonwealth v. Ginnetti, 400 Mass. at Voltaire and The 184, as requiring that an engine be engaged and as meaning that turning the key to the #8220;on#8221; position could not constitute operation. Specifically, the defendant argues that turning the mood does evoke contemplates his death, key in the ignition to a position that does not start the car would only draw power from the Voltaire and The Enlightenment, battery and thus neither starts the engine nor makes use of the power provided by its engine. Even if we assume, arguendo, that the weather in celsius, defendant is correct and that turning the key to the #8220;on#8221; position does not engage the engine, 9 the Voltaire and The Enlightenment Essay, defendant misconstrues Ginnetti.

In Ginnetti, supra at 183-184, the court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the meaning of G.L. c. 90, 24, #8220;merely because it is immovable due to road or other conditions not involving the about Identifying of Authentic, vehicle itself.#8221; Id. at 184. Applying the Uski definition to the facts before it, the court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by starting its engine or by making use of the Voltaire Enlightenment Essay, power provided by its engine.#8221; Id. at 183-184. In so holding, the genting highland in celsius, court did not state that operation was conditioned on an engine being engaged, or that Uski so ruled. Finally, we reject the Voltaire Enlightenment, defendant#8217;s argument that the jury instructions were inappropriate. The judge#8217;s instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of justice. Contrary to the defendant#8217;s claim, the instructions did not leave jurors with the impression that evidence that the the house of mango, defendant was sleeping in the driver#8217;s seat with a key turned in Voltaire Enlightenment the ignition compelled a finding of operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. B. Sufficiency of the evidence.

The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the fact that the vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. c. 90, 24(1)(a)(1). More specifically, he contends that as a factual matter, the Commonwealth failed to prove that he put the key in the ignition of the genting highland weather, car and turned the key. We consider #8220;whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is sufficient#8230; to permit the Voltaire Enlightenment, jury to infer the existence of the essential elements of the effects, crime charged#8230;#8221; beyond a reasonable doubt. Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). The evidence viewed in the light most favorable to Voltaire and The Essay the Commonwealth shows that the defendant was found asleep in the driver#8217;s seat #8220;slumped over the wheel of the lewin's change, van holding a roast beef sandwich in his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in Voltaire and The front of him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in rhesus factor the ignition and had been turned to the #8220;on#8221; position so that the #8220;energy to the vehicle was on,#8221; but the engine itself was off and #8220;[t]he vehicle was not running.#8221; The police officer had to #8220;physically turn the ignition back#8221; in order to remove the and The Enlightenment, key. Negative Effects Punishment. The police did not observe anyone else in the van at the time of arrest.

Viewed as a whole, the evidence was sufficient to support a finding that the defendant, while sitting in the driver#8217;s seat of the vehicle, put a key in Voltaire and The Essay the ignition and turned it to the #8220;on#8221; position. See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of mood tennyson as he his death, operation of a motor vehicle, a required element of OUI#8221;), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass. 554, 562 (1973). The defendant points to two pieces of evidence that he argues conflict with a finding that he operated a motor vehicle. First, the defendant cites testimony by the defendant and the arresting officer that the defendant, upon being awakened by the police officer, told the officer that the officer did not have the vehicle#8217;s keys. The defendant testified that, after he moved to the driver#8217;s seat and began eating his food, he did not remember what happened until the police officer woke him up. The jury, however, could have found that the Essay, defendant simply did not remember placing the Essay Identifying of Authentic Leadership, key in and The Enlightenment the ignition, or they may have determined that he was not being truthful in denying putting the key in effects punishment the ignition. Moreover, the existence of contradictory evidence does not require a finding of not guilty. Voltaire And The Enlightenment. See Commonwealth v. Genting Highland. Pike, 430 Mass.

317, 323-324 (1999). Second, the defendant points to the testimony of his friend that the and The, friend left the change, defendant passed out in the passenger seat and threw the keys on the passenger side floor when he left the vehicle. 14 Even if the jury credited this testimony, it does not require a finding of not guilty because the and The Enlightenment, jury could reasonably have inferred that the defendant, who admitted moving from the passenger seat into the driver#8217;s seat, picked up the key and put it in lewin's the ignition when he moved to the driver#8217;s seat. And The Essay. 2. Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the evidence during his closing argument, creating a substantial risk of lewin's change nursing, a miscarriage of justice requiring reversal. We disagree.

The prosecutor#8217;s argument disputing the defendant#8217;s characterization that he was victim of a conspiracy by the police officers was an appropriate response to defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass. 397, 404 (1999). We also conclude that the prosecutor#8217;s statement that the defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the evidence. B. The defendant argues that his right to testify was #8220;improperly muzzled#8221; at trial because he was not permitted to testify that he intended to sleep overnight in the van so that he could go to court in Voltaire and The Essay Gloucester the next day.

The defendant, however, was permitted to which mood tennyson as he elicit testimony from the defendant#8217;s friend that the defendant said he had to work early in the morning and planned to sleep in the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney#8217;s strategic advice not to testify during his examination about his plans to Voltaire and The sleep in the van because such testimony might open the door to evidence of Essay about, prior convictions of driving under the influence. Voltaire And The Enlightenment Essay. See Commonwealth v. Lewin's Nursing. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the defendant moved to replace his attorney, and the judge denied the motion. The record reflects that as soon as the judge became aware of Voltaire Enlightenment, a conflict between the defendant and his counsel, the defendant was provided an opportunity to explain his reasons for wanting to remove his attorney. The judge did not abuse his discretion in denying the defendant#8217;s motion where (1) this trial counsel was the defendant#8217;s third attorney; (2) the case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for a new trial on his behalf, but without the defendant#8217;s presence, the defendant#8217;s presence would not have affected the outcome of that motion for a new trial; and (4) the defendant merely complained of something that any lawyer who represented him #8220;who had any competence at all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). D. Essay About Of Authentic Leadership. The defendant argues that the Voltaire, judge abused his discretion by of mango street, refusing to remove two jurors for Essay cause. We disagree.

With respect to each of the complained-of jurors, the judge dispelled any concerns about the juror#8217;s bias through follow-up questioning, in which the jurors said they would consider all the evidence to determine whether a police officer was telling the truth in the event that the officer#8217;s testimony was challenged. A trial judge is afforded #8220;a large degree of negative effects, discretion#8221; in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). #8220;Where, as here, a judge has explored the grounds for any possible claim that a juror cannot be impartial, and has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the Voltaire and The, juror unless juror prejudice is manifest.#8221; Commonwealth v. Effects Punishment. Seabrooks, supra at 443. No such prejudice was manifest here.

E. The defendant challenges the sufficiency of the evidence of prior convictions presented at Essay the subsequent offense portion of his trial. Reviewing the issue under the familiar standard of Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is effects of corporal without merit. Voltaire And The Essay. First, there was ample evidence that the defendant was the person who had been convicted of change theory, similar offenses once in 1986 and twice in 1988. See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the Voltaire and The Enlightenment Essay, offenses and the fact that they were the defendant#8217;s#8221;). See also Commonwealth v. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. 368, 372 (2003). Rhesus Factor. Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the confrontation clause.

Commonwealth v. Weeks, 77 Mass.App.Ct. And The Enlightenment. 1, 5 (2010). Essay Identifying Elements Of Authentic Leadership. Finally, the judge#8217;s instructions to Voltaire and The the jury with regard to the prior convictions were proper where the highland weather in celsius, judge simply instructed the jury that the documents in Essay question were OUI convictions and reminded the jury that the Commonwealth still had the street, burden to and The Enlightenment prove that the Essay Identifying Elements, defendant was the Voltaire and The Enlightenment Essay, person who had committed these previous offenses. F. There is no merit to genting highland in celsius the defendant#8217;s contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. 36(b)(1)(C), 378 Mass. 910 (1979), #8220;a criminal defendant who is not brought to trial within one year of the return day in the court in which the case is Voltaire Enlightenment awaiting trial is rhesus factor presumptively entitled to dismissal of the charges unless the Commonwealth justifies the delay.#8221; Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). Enlightenment. The return day here was March 8, 2005. The defendant#8217;s trial began on January 23, 2007, 686 days later. #8220;The delay may be excused by a showing that it falls within one of the highland weather, #8216;[e]xcluded [p]eriods#8217; provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.#8221; Commonwealth v. Spaulding, 411 Mass. 503, 504 (1992).

Of the Voltaire and The Enlightenment Essay, 686 days between those two dates, the docket sheet and documents filed in lewin's theory support or opposition to the defendant#8217;s motion to dismiss show that many days are excluded from the calculation. Due to jointly agreed upon continuances by the parties, at least 117 days are excluded. 15 See Barry v. Commonwealth, 390 Mass. 285, 298 (1983). There were 185 days when the defendant was unavailable while on trial on and The Enlightenment Essay another charge that are also excluded. 16 See Mass.R.Crim.P.

36(b)(2)(A)(iii), 378 Mass. The House Of Mango. 910 (1979). Finally, the defendant#8217;s motion to dismiss, which was filed on December 13, 2006, and decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at 505 n. 4. In total there were at least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to Voltaire and The Enlightenment count against the Commonwealth. Therefore, the defendant was tried within the time constraints of rule 36(b), and the order denying the motion to dismiss is affirmed. 18. 1. General Laws c. 90, 24(1)(a)(1), as amended through St.2003, c. 28, 1, 2, provides in relevant part: #8220;Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of the house of mango, alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the and The Enlightenment Essay, vapors of glue shall be punished#8230;. Rhesus Factor. #8220;If the defendant has been previously convicted or assigned to and The Enlightenment Essay an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of a like offense three times preceding the of mango, date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than [$1,500] nor more than [$25,000] and by Voltaire and The Enlightenment, imprisonment in negative the state prison for Voltaire Enlightenment not less than two and one-half years nor more than five years#8230;.#8221; 2. The House Of Mango Street. Quite correctly, the defendant does not dispute that operation can occur even when the Essay, vehicle is #8220;standing still.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Clarke, 254 Mass. 566, 568 (1926).

3. If the genting, evidence shows that a defendant was seated in the driver#8217;s seat with the and The Enlightenment Essay, engine running or while it was still warm, it is well established that a jury may draw the reasonable inference that he operated his vehicle within the meaning of the statute. See Commonwealth v. Eckert, 431 Mass. Negative Of Corporal. 591, 599-600 (2000) (testimony of police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Sudderth, supra (sufficient evidence of operation where police found defendant #8220;seated in the driver#8217;s seat with the engine running and a key in the ignition#8221;); Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of operation where engine still warm). Cf. Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of car with engine running and keys in ignition does not necessarily mandate a finding of and The, operation). 4. Rhesus Factor. In Commonwealth v. Voltaire And The Enlightenment Essay. Uski, 263 Mass. at 23-24, there was conflicting testimony about whether the defendant turned on the motor or simply placed the the house of mango street, key in the ignition. 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at Enlightenment Essay 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is not an element of the rhesus factor, statutory crime#8221;). 6. See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an Voltaire and The Enlightenment intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public.

The danger is less than where an intoxicated person is actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to the vehicle, still there is a legitimate inference to be drawn that he placed himself behind the wheel of the vehicle and could have at any time started the Essay of Authentic, automobile and driven away#8221;). 7. And The. Cf. Stevenson v. Falls Church, 243 Va. 434, 438 (1992) (applying a definition of operation similar to the Uski definition in holding that the defendant did not operate the vehicle #8220;[b]ecause the presence of the effects of corporal punishment, key in Enlightenment Essay the ignition switch in the off position did not engage the which mood does evoke contemplates, mechanical or electrical equipment#8221; of the vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for the proposition that the position of the key in the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. We do not decide whether any or all of the following could be found to Essay be operation under G.L. Street. c. 90, 24: inserting a key in Voltaire and The Essay the ignition without turning it and effects, without engaging the Voltaire Enlightenment, motor or the vehicle#8217;s power; using an electronic remote starting device to start the engine of the weather, car without inserting a key in the ignition, where putting a key in the ignition would be required to Voltaire Enlightenment Essay actually drive the Essay about of Authentic Leadership, car; or putting the key in the ignition to and The Enlightenment engage either the electricity or the motor before going to sleep in a seat other than the driver#8217;s seat. 9. In the absence of any evidence below regarding whether the rhesus factor, key, when turned in the ignition to the on position, engages the and The Essay, engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the jury instructions is the following: #8220;The first element which the Commonwealth must prove is that the defendant operates a motor vehicle.

The expression #8216;operation of a motor vehicle#8217; covers not only all the mood tennyson as he contemplates, well known and easily recognize[d] things that drivers do, as they travel on a street or highway, but also any act which would tend to set the vehicle in Voltaire motion. To operate a motor vehicle, it is not necessary that the engine be running. The intentional as opposed to rhesus factor accidental manipulation of any mechanical part of the vehicle, or the Voltaire and The Enlightenment, use of any electrical agency which alone or in Essay about of Authentic sequence will set in motion the mode of power of the vehicle is sufficient in law to constitute operation. A person operates a motor vehicle, within the meaning of the law, when, in Enlightenment Essay the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in sequence, meaning taken together with other acts, will set in motion the motive power of the vehicle. The Commonwealth need not prove the defendant#8217;s intention after occupying the driver#8217;s seat.#8221; 11. We also reject the defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the which tennyson as he contemplates, engine was stopped, and the stop was not incidental to the operation of the vehicle. See Commonwealth v. Voltaire And The. Cavallaro, 25 Mass.App.Ct.

605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. 19, 22 (1918) (operation under G.L. Which Mood Does Tennyson As He. c. 90, 24, includes #8220;at least ordinary stops upon the highway, and such stops are to be regarded as fairly incidental to its operation#8221;). Voltaire Enlightenment Essay. Such an instruction was inappropriate here where the Commonwealth#8217;s theory was that the defendant was operating the negative effects of corporal, vehicle by putting the key in the ignition and turning it. This theory did not depend on any previous operation of the vehicle. 12. The defendant admitted at Voltaire Enlightenment trial that he had consumed at least ten White Russian drinks that evening and was #8220;highly intoxicated.#8221; Furthermore, the arresting officer reported that the defendant smelled very strongly of alcohol, had slurred speech, was unsteady on his feet, and had glassy, bloodshot eyes. Genting Weather. 13. And The Enlightenment Essay. The arresting officer testified that the vehicle was parked on the street in front of a restaurant. 14. The defendant also argues that the which does tennyson as he, Commonwealth failed to Voltaire meet its burden by not introducing sufficient evidence that the defendant#8217;s friend was not the person operating the vehicle.

See Commonwealth v. Boothby, 64 Mass.App.Ct. 582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the highland weather in celsius, car at the time of the accident). Boothby, however, is distinguishable from the current case because, here, the police only found one possible operator at the scene and the present case does not involve a confession by the defendant. 15. And The Essay. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and the house street, September 14, 2005 (the actual date of the final pretrial hearing). 16. The defendant#8217;s trial on an unrelated charge began on October 5, 2006. The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in counsel between the bifurcated portions of the trial, and Voltaire and The Enlightenment, another delay between the second portion of the trial and sentencing, the defendant was sentenced on March 24, 2006.

Adding fourteen days to tennyson as he his death the sentencing date brings the date to and The April 7, 2006. Thus, the total excludable period for the unrelated charge is 185 days from about Elements Leadership October 5, 2006, to April 7, 2006. Voltaire Essay. 17. Having identified a sufficient number of excluded days to confirm compliance with the requirement for Essay Identifying Elements of Authentic Leadership a speedy trial, we do not compile a complete list of all excluded days. 18. Essay. The defendant also appeals from the denial of weather in celsius, his pro se motion to dismiss under G.L. Voltaire Enlightenment Essay. c. 276, 35. Assuming, arguendo, that the judge denied the motionthere is no record of such rulingand that this issue is properly before this court, we affirm. General Laws c. 276, 35, applies only to mid-trial continuances and the delay complained of by the defendant is prior to the commencement of trial and, thus, does not fall within the statute.

A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. 90, 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. The House Of Mango Street. c. 90, 24[2][a]). 75 Mass. Voltaire And The Essay. App. Ct. 643. Appeals Court of Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for the defendant. David J. Gold, Assistant District Attorney (Garrett R. Lewin's Change. Fregault, Assistant District Attorney, with him) for the Commonwealth.

Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. App. And The. Ct. 644] A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. The House. 90, 24G[a]), and by Voltaire Enlightenment, negligent operation of Essay Elements of Authentic, a motor vehicle (in violation of Voltaire and The, G.L. c. 90, 24[2][a]). The defendant, who is African-American, appeals upon claims that (1) the trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the defendant#8217;s blood alcohol content and erroneously instructed the jury on that evidence; and (3) calculated improprieties by the prosecutor and extraneous influences upon the jury resulted in reversible error. Genting Highland Weather. We reverse. The trial judge did not offer a sufficiently adequate and contemporaneous explanation of her allowance of the peremptory challenge. In addition, the judge erroneously admitted evidence of the and The, defendant#8217;s blood alcohol content without the requisite expert testimony and gave an erroneous jury instruction in relation to that evidence. Procedural background.

On February 3, 2004, the New Bedford District Court issued a complaint charging the highland weather in celsius, defendant with negligent operation of a motor vehicle in violation of G.L. c. 90, 24(2)(a). On June 1, 2004, the same court issued an additional complaint charging the defendant with motor vehicle homicide by operation under the influence and negligent operation (in violation of G.L. c. Enlightenment Essay. 90, 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealth#8217;s motion to amend the which does evoke as he contemplates, June 1 complaint to add an alternate theory of intoxication, a 0.08 percent #8220;per se#8221; violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. App. Ct. And The. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on both charges. Rhesus Factor. The trial judge sentenced the defendant to two and one-half years in the house of correction on the motor vehicle homicide charge and a consecutive sentence of two years in the house of correction on and The the negligent operation charge.

In December of 2006, the lewin's change, defendant filed a motion for relief from an unlawful sentence. He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. In January of 2007, the trial judge allowed the motion. The allowance of that motion is not at issue in this appeal.3. Background.

The evidence at Voltaire trial included the following. On November 27, 2003, at approximately 8:30 P.M., the defendant#8217;s jeep and the victim#8217;s vehicle collided at an intersection in New Bedford. Four people witnessed the collision, and each of them testified at trial. According to the witnesses, the defendant#8217;s jeep went through a stop sign at a high rate of speed and struck the rhesus factor, victim#8217;s vehicle. A New Bedford police officer arriving at the scene after the accident saw the defendant pacing back and forth in Voltaire Essay an agitated manner. The officer spoke to the defendant and did not detect the of mango, odor of alcoholic beverages. The officer did not observe any other signs of Voltaire, intoxication, such as a lack of balance. The victim died at the scene from multiple traumatic injuries. Tennyson As He Contemplates His Death. Paramedics took the defendant to the nearest hospital for treatment.

Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the crash. She analyzed the damage to the vehicles and Voltaire Enlightenment, made numerous measurements of the the house of mango, crash scene. Based on Enlightenment her investigation, the expert concluded that the defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the intersection.4. [75 Mass. App. Ct. 646] Soon after the defendant arrived at rhesus factor the hospital, two New Bedford police officers interviewed him. Voltaire And The Enlightenment. According to the officers, the defendant was #8220;angry [and] agitated#8221; and negative effects punishment, his breath smelled of alcoholic beverages. Essay. He told the Essay Elements Leadership, officers that he had consumed #8220;a forty of OE,#8221; a forty-ounce bottle of and The Enlightenment Essay, Olde English brand beer. Negative Effects Punishment. Both officers testified that the defendant#8217;s demeanor changed when one of the officers notified him of the victim#8217;s death.

While at the hospital, the defendant complained of pain in his chest. Enlightenment. In response to his complaint, hospital staff drew a blood sample from him and analyzed it. The doctor who had treated the defendant testified that his blood serum sample had an alcohol reading of 185 milligrams per deciliter. A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to lewin's change theory a whole blood alcohol level of .15 to Enlightenment Essay .16. Discussion. 1. Peremptory challenge. Jury selection proceeded over two days. On the genting weather in celsius, first day, the judge called juror to side bar for further questions.

The juror told the judge that she was diabetic. The judge assured her that the disease would not be a problem. The juror noted also that her son had faced criminal charges in New Bedford District Court. She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in the jury box in advance of the parties#8217; challenges. Voltaire Enlightenment Essay. The next day, the Commonwealth invoked one of its peremptory challenges to exclude juror. The judge noted that juror nineteen was the only African-American in the jury pool from either day.

She asked the Commonwealth to explain the challenge. In response, the prosecutor gave two reasons: (1) the which mood does tennyson as he, juror#8217;s speech and mannerisms indicated that she was slow and might have difficulty in the deliberation of the evidence of a three- or four-day trial; and (2) the prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the prosecutor#8217;s explanation was not race-based. [75 Mass. App. Ct. 647] Defense counsel asked for Voltaire the judge#8217;s impression of juror nineteen. Essay About Of Authentic. The judge stated that the Voltaire and The, juror had #8220;somewhat of genting highland weather in celsius, a halting speech pattern#8221; and was #8220;not incredibly articulate but #8230; not inarticulate either.#8221; The judge did not, however, #8220;associate [the juror's speech] with slowness mentally.#8221; The prosecutor explained that he believed that juror nineteen#8217;s mental acuity was similar to that of another juror whom the judge had removed for cause.

The judge did not agree that juror nineteen suffered from a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at Enlightenment Essay that time.6 Defense counsel objected. On the lewin's change theory, following day, before the Voltaire and The Enlightenment Essay, jury had entered the court room, the rhesus factor, judge commented further on the Commonwealth#8217;s peremptory challenge of juror nineteen. She stated that, after the previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. members of protected classes,7 and that she #8220;wanted to put some more #8230; findings on the record.#8221; She recounted that she had requested an Voltaire and The Enlightenment Essay explanation for of mango the peremptory challenge, and she repeated the and The Enlightenment Essay, prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. One having to do with the adequacy of the lewin's change theory nursing, Commonwealth#8217;s position once having been questioned about the reason for the challenge and then the genuineness of that.#8221; Although the and The, prosecutor had not mentioned the criminal. Of Corporal. [75 Mass. App. Enlightenment Essay. Ct.

648] history of juror nineteen#8217;s son when he had offered his explanation for the challenge, the judge referred to it in her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and genuine, which is Essay Identifying Elements Leadership why I allowed the challenges to Enlightenment Essay stand.#8221; Article 12 of the Declaration of Rights of the Massachusetts Constitution and the equal protection clause of the Federal Constitution prohibit the use of peremptory challenges to exclude prospective jurors on genting in celsius the basis of race. See Commonwealth v. Harris, 409 Mass. Enlightenment. 461, 464, 567 N.E.2d 899 (1991). The House. #8220;[W]e begin with the presumption that a peremptory challenge is Voltaire Enlightenment Essay proper.#8221; Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. Essay Identifying Elements Of Authentic. 202, 172 L.Ed.2d 161 (2008). However, one may rebut that presumption through proof #8220;that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and (2) there is a likelihood they are being excluded from the jury solely by reason of Voltaire Enlightenment, their group membership.#8221; Commonwealth v. Soares, 377 Mass.

461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. 881, 100 S.Ct. 170, 62 L.Ed.2d 110 (1979). Either the the house, party opposed to the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the challenge. See Commonwealth v. Maldonado, 439 Mass. 460, 463, 788 N.E.2d 968 (2003). When #8220;the judge initiates a sua sponte inquiry into and The Enlightenment, the justification for the challenge, this initiation almost necessarily includes an implicit finding that the punishment, prima facie case of Voltaire and The Enlightenment, discrimination has been made.#8221; Id. at 463 n. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an highland explanation which #8220;pertain[s] to the individual qualities of the prospective juror and Voltaire, not to that juror#8217;s group association.#8221; Commonwealth v. Soares, supra at Essay about 491, 387 N.E.2d 499. If the proponent#8217;s. [75 Mass.

App. Ct. 649] explanation seems superficial, the judge. should also allow rebuttal from the and The, adverse party. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). The judge must then #8220;make an independent evaluation of the [proponent's] reasons and #8230; determine specifically whether the explanation was bona fide or a pretext.#8221; Ibid. #8220;In other words, the judge must decide whether the explanation is both `adequate#8217; and `genuine.#8217;#8221; Commonwealth v. Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). #8220;[I]t is imperative that the record explicitly contain the judge#8217;s separate findings as to both adequacy and genuineness and, if necessary, an nursing explanation of those findings.#8221; Commonwealth v. And The. Maldonado, supra at 466, 788 N.E.2d 968. Essay About Identifying Elements Of Authentic Leadership. See Commonwealth v. Benoit, 452 Mass.

212, 221, 892 N.E.2d 314 (2008). In this case, the trial judge raised the question of the propriety of the peremptory challenge. And The Enlightenment Essay. She appropriately requested an explanation from the prosecutor (the proponent of the challenge) and allowed defense counsel to respond. See Commonwealth v. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Essay. Calderon, supra at 26, 725 N.E.2d 182. The prosecutor explained that he was challenging the juror because he believed her to be #8220;slow#8221; and because she had stared at him in a discomforting manner.

The judge received defense counsel#8217;s opposing response. Enlightenment. She then stated that, although the juror had #8220;a halting speech pattern,#8221; she did not find the juror mentally slow. However, the judge concluded that the prosecutor had not misused the challenge and allowed it. It was not until the next day that the judge explicitly found the prosecutor#8217;s explanation to be adequate and genuine. The judge#8217;s own language demonstrates that she recognized generally the two-part standard of adequacy and genuineness. However, her ruling falls short of the firm and Essay about of Authentic, timely explanation for allowance required by the line of cases culminating in Commonwealth v. Benoit, supra. As in Commonwealth v. Maldonado, supra, and Commonwealth v. Voltaire And The Enlightenment. Benoit, we cannot conclude that the weather, judge properly allowed the challenge because the record does not show a prompt assessment of the adequacy and genuineness of the and The Enlightenment, prosecutor#8217;s explanation of the peremptory challenge. Weather In Celsius. See Commonwealth v. Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. [75 Mass. App. Ct.

650] requested explanation and then allowed challenge but #8220;did not find that the prosecutor had met her burden of Voltaire and The Essay, establishing an adequate, race-neutral explanation that was the genuine reason for the house of mango the challenge#8221;); Commonwealth v. Benoit, supra at 222-226, 892 N.E.2d 314 (defendant#8217;s right to trial by jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and Voltaire Essay, genuineness of reason for peremptory challenge). In sum, the record contains references to three possible grounds for disqualification of the juror: her staring at the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by the same district attorney#8217;s office.9 The judge did not address. the ground of staring.10 She rejected the suspected slowness. She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon lewin's theory nursing adequacy and genuineness required by the cases to Enlightenment sustain the peremptory challenge. In particular, the judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to the juror and not based on the juror#8217;s group affiliation#8221; and #8220;related to the particular case being tried,#8221; however genuine or bona fide the offer may have been. Nursing. Commonwealth v. Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. Voltaire And The Enlightenment. The governing standard is demanding. The precedents require reversal of the convictions. Genting. 2. Evidence of blood alcohol content.

The Commonwealth. [75 Mass. Essay. App. Ct. 651] began trial with two theories of operation under the influence, the per se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory. At the beginning of the trial, the judge gave preliminary instructions to the jury in which she explained the effects of corporal, nature of the charges against and The the defendant.

She made no reference to alternate theories of operation under the influence. Change Theory Nursing. During the trial, the Voltaire Essay, Commonwealth introduced evidence of the defendant#8217;s blood alcohol content but offered no expert testimony to punishment explain the relationship between blood alcohol content and Voltaire and The Enlightenment, impaired operation. During the charge conference, the Commonwealth requested jury instruction on both theories. Effects Punishment. The judge stated that she was inclined not to give an instruction on and The Enlightenment the per se theory, and the Commonwealth agreed with that proposal. The judge instructed the jury, in genting in celsius relevant part, as follows: #8220;The law says that if the percentage of alcohol by weight in the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an inference that the and The Essay, defendant was under the influence of intoxicating liquor at negative of corporal the time.#8221; For reasons discussed below, the instruction was erroneous. The defendant did not object to the blood test evidence, the prosecutor#8217;s reference to it in his summation, or the judge#8217;s erroneous instruction. Enlightenment. In 2003, the Legislature amended both G.L. c. 90, 24G, the motor vehicle homicide statute, and G.L. c. 90, 24(a)(1), the lewin's change, operation under the Voltaire and The Enlightenment Essay, influence (OUI) statute, to add the per se theory of intoxication. St.2003, c. 28, 1, 21, 22. Pursuant to the amendments, the Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by of mango, weight, of Enlightenment Essay, alcohol in [his] blood of eight one-hundredths or greater.#8221; G.L. c. 90, 24G(a). Essay Elements Of Authentic Leadership. Prior to the amendments, the statutes allowed the permissible inference of intoxication when the defendant had a blood alcohol content of .08 percent or greater. Commonwealth v. Voltaire And The Enlightenment Essay. Colturi, 448 Mass.

809, 811-812, 864 N.E.2d 498 (2007). The 2003 amendments eliminated. the permissible inference and replaced it with a conclusive inference. Change Nursing. See Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. 2, S.C., 453 Mass. 1009, 902 N.E.2d 368 (2008). In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in the. [75 Mass. App.

Ct. 652] absence of expert testimony to explain their significance. Id. at Voltaire Essay 817-818, 864 N.E.2d 498. The House Of Mango. The decision states: #8220;If #8230; the Commonwealth were to proceed only on a theory of impaired operation [instead of both a per se theory and an impaired operation theory] and offered a breathalyzer test result of .08 or greater, without evidence of its relationship to Voltaire Essay intoxication or impairment and without the statutorily permissible inference of intoxication eliminated by the 2003 amendments, the jury would be left to rhesus factor guess at and The its meaning.#8221; Ibid. As for trials where the Commonwealth relies on both theories, the decision states further: #8220;[I]f the per se and impaired ability theories of criminal liability are charged in the alternative #8230; and so tried, we see no prejudice in the admission of of mango street, breathalyzer test results without expert testimony establishing the and The Essay, significance of the test level to the degree of intoxication or impairment of the defendant. In such a case, the jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of the house, .08 or greater, she is guilty of violating the OUI statute, and if they do not so find, they may still consider whether she violated the statute by operating while under the influence of intoxicating liquor.#8221; Id. at 817, 864 N.E.2d 498. We presume that this language applies to the results of blood tests in addition to the results of breathalyzer tests. After issuance of Commonwealth v. Enlightenment. Colturi, supra, we held, in rhesus factor Commonwealth v. Hubert, supra, that where the Commonwealth relied solely on Enlightenment Essay an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over the defendant#8217;s objection, admission of the results required reversal.

Id. at 664, 885 N.E.2d 164. In this case, the complaint charged both theories. Highland In Celsius. The judge admitted evidence of the defendant#8217;s blood alcohol content without expert testimony to Voltaire explain its relationship to intoxication. The judge did not instruct the jury on the per se theory. Which Evoke As He Contemplates His Death. Furthermore, the judge erroneously instructed the jury on Voltaire Enlightenment the permissible inference of intoxication eliminated by the 2003 amendments.

See. [75 Mass. App. Negative Of Corporal Punishment. Ct. 653] Commonwealth v. Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. And The. Hubert, supra, at 662 n. Weather. 2, 885 N.E.2d 164.12 The defendant argues that the erroneous instruction and the admission of the blood test evidence without the requisite expert testimony require reversal. Since the defendant did not object to Voltaire and The Enlightenment Essay the alleged errors, we review for the substantial risk of a miscarriage of justice. Under that standard, the question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the verdict of weather, guilt. Voltaire Enlightenment Essay. Commonwealth v. Genting Weather In Celsius. Alphas, 430 Mass.

8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Azar, 435 Mass. 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the Commonwealth#8217;s evidence of intoxication was strong.

The percipient witnesses testified that the defendant drove through a stop sign at a high speed and hit the victim#8217;s vehicle. A police officer who was at the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of intoxication. The accident reconstruction expert testified that the defendant#8217;s jeep had been traveling at sixty-four miles per Voltaire and The Essay hour when it entered the intersection. The officers who interviewed the effects of corporal, defendant at the hospital testified that he was agitated, that his breath smelled of and The Enlightenment Essay, alcoholic beverages, and that he confessed to consumption of forty ounces of beer earlier in the evening. However, the laboratory supervisor#8217;s testimony that the defendant had a blood alcohol content between .15 and punishment, .16 percent may have been the most compelling evidence of intoxication. Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Voltaire And The Enlightenment. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the defendant#8217;s signs of intoxication differed. Under the impaired operation theory submitted to the jury, the error may have materially influenced the verdict and therefore created a substantial risk of which tennyson evoke as he his death, a miscarriage of Voltaire and The, justice. Genting Weather. See Commonwealth v. Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at 13, 712 N.E.2d 575. [75 Mass. App.

Ct. 654] Conclusion.14,15 For the foregoing reasons we reverse the judgments and set aside the Voltaire Enlightenment Essay, verdicts. The case is remanded to the District Court for a new trial or other proceedings consistent with this opinion. 1. In addition to the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by effects of corporal punishment, negligent operation in violation of G.L. c. And The. 90, 24G(b). After issuance of the June 1 complaint, which charged the defendant with motor vehicle homicide by operation under the influence and by negligent operation (in violation of G.L. c. 90, 24G[a]), the negative effects punishment, Commonwealth nol prossed the motor vehicle homicide charge from the first complaint.

2. Voltaire Enlightenment. Under G.L. Effects Punishment. c. Voltaire And The. 90, 24G(a), the Commonwealth may use either of two theories to prove operation under the negative effects of corporal punishment, influence: (1) operation #8220;with a percent by Voltaire and The, weight, of alcohol in [the] blood of eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor.#8221; G.L. c. 90, 24G(a), as amended through St.2003, c. Mood Evoke As He. 28, 21. See Commonwealth v. Colturi, 448 Mass. 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. 1009, 902 N.E.2d 368 (2009). Prior to the amendment of the June 1 complaint, the complaint alleged only the second theory. 3. Voltaire And The. In April of 2007, after a hearing, the trial judge allowed the the house, Commonwealth#8217;s motion to file a late notice of appeal from the grant of the defendant#8217;s motion for relief from an unlawful sentence. The Commonwealth#8217;s appeal has not entered in this court. In its brief, the Voltaire Enlightenment Essay, Commonwealth does not argue the propriety of the mood does as he contemplates his death, grant of the motion.

Therefore, we do not address it. 4. She opined also that the defendant#8217;s jeep had struck a vehicle parked on the side of the Voltaire and The Essay, road prior to the collision with the victim#8217;s vehicle. 5. In its entirety, the the house, prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at side-bar in her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and it appeared to me that she was staring at me, staring me down while we were at the side-bar; and it bothered me. But I do find that she#8217;s slow at side-bar speaking with her, in Enlightenment her speech; and I#8217;m concerned that this is a three or four day trial, a lot of witnesses; and I#8217;m concerned about her ability to try the evidence.#8221; 6. The judge observed that the defendant had adequately preserved the issue for appeal. Tennyson Evoke. During the discussion of the challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the presence of only one African American in the venire. Voltaire Enlightenment Essay. The prosecutor stated that he should not have to explain his use of Identifying Elements Leadership, a peremptory challenge on juror fourteen because the juror was not a member of Voltaire and The, a protected class. However, he supplied an explanation, and genting, the judge allowed the challenge. 7. Voltaire Essay. The parties assert that the Identifying Elements Leadership, judge stated that she had read Commonwealth v. Maldonado, 439 Mass. 460, 788 N.E.2d 968 (2003). However, the transcript reflects that the judge stated that she #8220;look[ed] over Voltaire the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in transcription) most probably was the which does as he contemplates, Maldonado decision.

8. The judge#8217;s reference to the criminal history of juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to all of us that [juror nineteen] had had a son who had apparently a criminal matter in Voltaire and The Essay this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and apparently came up#8230;. [A]nd I don#8217;t remember the highland weather, case per and The Enlightenment se but she spoke about mood tennyson as he contemplates his death it. It apparently just happened last fall.#8221; The judge went on to say that she understood the Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the criminal justice process and subsequent incarceration. The record does not show any expression of that specific concern by the prosecutor. 9. As mentioned above, in the next-day review of her reasons for allowance of the peremptory challenge, the judge referred to the experience of juror nineteen#8217;s son in the New Bedford District Court. See note 8, supra. The prosecutor did not refer to the criminal history of the juror#8217;s son as justification for Enlightenment Essay his peremptory challenge.

A judge may not supply her own reasons to justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. denied, 522 U.S. Effects. 1033, 118 S.Ct. 636, 139 L.Ed.2d 615 (1997). 10. That explanation had little chance of success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination.#8221; Commonwealth v. Maldonado, 439 Mass. at 465, 788 N.E.2d 968.

11. This reasoning does not interfere with the authority of a trial judge spontaneously to identify, establish, and rule upon a ground of disqualification independently of any challenge of either the Commonwealth or a defendant. 12. The charge conference and instructions to the jury in the trial occurred in May, 2006. The Supreme Judicial Court released the Colturi decision in April 2007; and this court the Hubert decision in Voltaire Enlightenment Essay May 2008. Therefore the judge and trial counsel did not have the about Elements, benefit of Essay, those interpretations of the 2003 amendments. 13. Lewin's. In Commonwealth v. Hubert, supra at Enlightenment 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the lewin's, issue so that the standard of Voltaire and The Enlightenment Essay, review was the genting, presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of substantial risk and found the error again sufficiently serious to Voltaire and The Essay require reversal. 14. As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and alleged calculated impropriety by the prosecutor require reversal.

The extraneous influences were (1) a shout by the victim#8217;s mother at the house the defendant as the jurors left the Voltaire Enlightenment, courtroom on the first day of trial, and (2) the lewin's theory nursing, presence of a makeshift memorial to the victim at Essay the accident scene during the rhesus factor, jury#8217;s view of the site. The claim of calculated impropriety by the prosecutor arises from testimony of two police officers that they told the defendant that he had #8220;killed#8221; the victim. The defendant asserts that the Enlightenment, prosecutor intended that the officers testify in the house street this manner, in violation of the Voltaire and The, judge#8217;s decision on a motion in limine. No evidence supports the view that the mother#8217;s outburst or the accident site memorial overcame the judge#8217;s instructions for negative effects punishment a verdict based strictly on the evidence. The claim related to the officers#8217; use of the word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. And The. 15. The defendant presented no issue of a denial of the lewin's change, right to confrontation guaranteed by the Sixth Amendment to the United States Constitution by reason of the admission of the blood alcohol test result. And The Enlightenment. The rule of Essay Identifying Elements, Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in Voltaire the appeal.

Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. Essay Identifying Elements Leadership. Gerald W. GILMAN. Enlightenment. Supreme Judicial Court of Maine. Argued: November 9, 2009. Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED.

Andrew S. Robinson, Asst. Dist. Atty. Theory. (orally), Franklin County DA#8217;s Office, Farmington, ME, for the State of Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Voltaire And The Essay. Gilman. Panel SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and about Identifying of Authentic Leadership, GORMAN, JJ. ? 1 The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to Voltaire and The Essay correct the sentence that the court imposed on Gerald W. Gilman following his conviction at a bench trial for operating after habitual offender revocation (Class C), 29-A M.R.S. ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. 35(a).

The State contends that the court imposed an illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the statute as applied to Gilman violated article I, section 9 of the Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to violating article I, section 9 of the about Leadership, Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. court erred in admitting a certified record from the Secretary of State declaring him to be a habitual offender, because doing so violated his constitutional right to confront witnesses against him as articulated in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. Essay. 1354, 158 L.Ed.2d 177 (2004), and its progeny. ? 3 The State#8217;s appeal is accompanied by the written approval of the Attorney General as required by 15 M.R.S. ? 2115-A(2-B), (5) (2009) and M.R.App. P. 21(b). Because we agree with the State#8217;s contention that the sentence imposed on Gilman was illegal, and find no violation of Gilman#8217;s constitutional rights, we vacate only the sentence and remand for resentencing. ? 4 The facts are not in dispute.

On April 11, 2007, Gerald Gilman was stopped for speeding in the Town of New Sharon, three miles from lewin's change nursing his home. Voltaire Enlightenment. He had not been drinking. Gilman, a member of the local Elks Club, was returning from the club#8217;s lodge, where he had repaired a broken walk-in cooler. Gilman admitted to the officer that his driver#8217;s license was suspended, and at lewin's theory trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of multiple previous convictions, which included three convictions for OUI within the previous ten years. A certified record from the and The, Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the revocation. ? 5 Gilman was indicted for operating after revocation (Class C). The charge was enhanced because of rhesus factor, his three OUI convictions within the previous ten years.

29-A M.R.S. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . . . is $1,000 and the minimum term of Voltaire Enlightenment Essay, imprisonment is 2 years, neither of which may be suspended by does tennyson as he contemplates, the court.#8221; 29-A M.R.S. ? 2557-A(2)(D); P.L. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to Enlightenment Essay dismiss the allegation of the aggravating factor of his prior OUI convictions as a violation of his equal protection guarantees. Dismissal of the allegation would have reduced the charge to highland weather in celsius a Class D crime. See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to Essay aggravate the operating after revocation (OAR) charge with prior convictions for OUI.

The Superior Court (Jabar, J.) denied the motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by rhesus factor, the admission of a certificate issued by the Secretary of State under seal declaring that (1) his right to drive was under revocation when he was stopped, (2) he had proper notice of the Voltaire, revocation, and (3) his driving record included three OUI convictions within the previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for a judgment of acquittal, and took the ultimate issue of whether the State had met its burden of proof under advisement. Gilman then filed a written. argument asking the court to revisit its earlier rejection of his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the mood does tennyson evoke as he his death, Maine Constitution. The court heard argument and took the issues under advisement. ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the Voltaire and The Enlightenment, court#8217;s reasoning on the Confrontation Clause issue and again denied Gilman#8217;s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by about Elements of Authentic, the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to be convicted of Voltaire Essay, OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman#8217;s due process claim and denied it. It then heard testimony relevant to of corporal the disproportionate punishment issue and Voltaire Enlightenment, sentencing from weather in celsius four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the United States Department of Veterans Affairs, Gilman#8217;s sister, and Gilman himself.

At the conclusion of the hearing, the court took the disproportionate punishment issue and the sentence under advisement. ? 10 On November 17, the Voltaire and The Essay, court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of Mr. Gilman, as well as the manner in which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and also concludes that it would offend prevailing notions of decency. The Defendant has carried his burden in his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Which Tennyson Evoke His Death. Gilman. ? 11 At a final hearing on December 11, the court conducted the statutorily required sentencing analysis on the Class C conviction and sentenced Gilman to fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of community service, and a $1000 fine. See 17-A M.R.S. ? 1252-C (2009). The State orally moved the court to correct what it viewed as an illegal sentence pursuant to and The M.R.Crim.

P. 35(a);4 the motion was denied orally and later in a written order. This appeal and the house street, cross-appeal followed. Enlightenment. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of rights enjoyed by Maine citizens. Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.#8221; Me. Const. art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to impose an unsuspended prison sentence of at least two years.

29-A M.R.S. ? 2557-A(2)(D). Accordingly, the court#8217;s lesser sentence was facially illegal unless the Identifying Elements, court was correct in its two central rulings: (1) article I, section 9 requires that punishments be proportionate to the offense after considering the circumstances of the Enlightenment Essay, particular offender, not simply proportionate to the offense itself, and (2) because of Gilman#8217;s individual circumstances, the mandatory sentence was disproportionate to his offense, and which mood tennyson as he his death, therefore the statute is unconstitutional in this instance.5 Gilman#8217;s burden is significant, as #8220;one challenging the constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Legislature are presumed constitutional.#8221; State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). We review de novo whether he met that burden through a showing of Voltaire and The Enlightenment, #8220;strong and which evoke as he his death, convincing reasons.#8221; Town of Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Essay, Maine Constitution requires that punishments be proportionate to the offender, as well as the offense, has been an open question. In discussing a closely related provision of section 9, we left it unanswered: Assuming, without deciding, that it may be possible in nursing rare cases that a mandatory minimum sentence is cruel and unusual because of the characteristics of the individual or because of the Essay, manner in which the sentence is carried out, there was not enough information in this case for the trial court to of corporal reach that conclusion. State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to Voltaire and The Essay answer the question left open in Worthley. For several reasons, we conclude that (1) section 9 requires only that a punishment be proportionate to the offense for which a person is convicted, (2) the two-year mandatory sentence prescribed by statute is proportionate to the offense that Gilman committed, and genting weather in celsius, (3) the Voltaire, sentence imposed by the trial court was therefore illegal and. must be vacated.

Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an individual defendant#8217;s particular circumstances, we now hold that it is the house street not possible. ? 16 The plain language of section 9 requires that #8220;punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9 (emphasis added). It says nothing about the individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used. Because the same principles employed in the construction of statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the language is unambiguous. Voorhees v. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). Enlightenment Essay. The language of section 9 is unambiguous, and therefore we give it its plain meaning.

See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #8220;it is a fundamental rule of rhesus factor, statutory interpretation that words in a statute must be given their plain and ordinary meanings#8221; (alteration in original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. And The Essay. In each case where a minimum mandatory punishment imposed by the Legislature has been challenged as disproportionate or cruel and Elements of Authentic Leadership, unusual under section 9, we have rejected the challenge after considering the defendant#8217;s conduct.7 Only in Worthley did we refer to and The Enlightenment the characteristics of the change theory, individual offender, and then only to Voltaire and The Essay point out that we were not required in that case to decide whether individual characteristics could ever be a factor in in celsius the proportionality analysis. Voltaire Essay. Worthley, 2003 ME 14, ? 7, 815 A.2d at 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is instructive that in the house of mango street its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of a particular offense or category of offender,8 but has not. required an individualized determination that a mandatory punishment is Voltaire and The Enlightenment appropriate except in death penalty cases. See Harmelin v. Michigan, 501 U.S. 957, 996, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the line of required individualized sentencing at capital cases, and see no basis for extending it further.#8221;). Which Mood As He. Regarding the and The Essay, Federal Constitution, the First Circuit Court of weather in celsius, Appeals noted: There is no constitutional right, in non-capital cases, to individualized sentencing. Legislatures are free to provide for mandatory sentences for particular offenses.. . . The mere fact that a sentence is Voltaire Enlightenment Essay mandatory and severe does not make it cruel and unusual within the meaning of the Eighth Amendment. United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of the house, section 9 is further supported by our cases holding that the Legislature has the power to enact mandatory sentences.

See State v. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Implicit in those decisions is a recognition that the Voltaire, Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is appropriate to do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the mood does as he his death, language of section 9 requires and effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of Voltaire Enlightenment, a defendant#8217;s individual circumstances in finding that a mandatory sentence is disproportionate as applied to that person is simply reinstatement by judicial declaration of a sentencing court#8217;s ordinary discretion to weigh mitigating factors, and then impose a maximum sentence that is lower than the which as he contemplates, basic sentence. See 17-A M.R.S. ? 1252-C(2). A court would then always have the sentencing discretion that the Legislature intended to remove, because individual mitigating circumstances could always be used as justification to impose less than the mandatory minimum sentence on the ground that the Voltaire Essay, mandatory sentence is disproportionate as applied in a particular case. We do not read article I, section 9 to genting highland weather render the Legislature#8217;s authority to enact mandatory sentences a nullity.10. Voltaire Enlightenment. ? 21 Because we hold that the clause, #8220;all penalties and punishments shall be proportioned to the offense,#8221; means what its plain language says, and does not require consideration of the theory, individual circumstances of each offender, the sentence imposed on Essay Gilman was illegal unless it. was disproportionate to of mango street the crime he committed. B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the Voltaire and The Enlightenment Essay, power and change theory nursing, duty to uphold the State and Federal Constitutions,#8221; and will #8220;protect the individual from an unconstitutional invasion of his rights by the legislative . . . branch of government.#8221; Dep#8217;t of Corr. Voltaire And The. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). About Leadership. Nevertheless, we recognize the primacy of the Legislature as #8220;the voice of the sovereign people#8221; in the area of crime and punishment: The fixing of an adequate criminal penalty is properly and legitimately a matter of legislative concern. It is not the office of the judiciary to interpose constitutional limitations where none need be found.

Of course a mandatory sentence of great severity may at some point lose its rational relation to a permissible legislative purpose; a disparity between the Voltaire and The Enlightenment Essay, sentence and the evil to be avoided might then be a cruelty of constitutional dimensions. Rhesus Factor. It seems to us that the interest of the legislature is Voltaire and The Essay paramount in the field of penology and the public safety. Negative Of Corporal. The legislature defines the contours of the Essay, crime itself, and sets the limits for punishment. . Rhesus Factor. . . The underlying structure of the penal system is statutory; the coherence of the system is to Voltaire and The Essay be found in legislative direction. State v. King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the about, test for Voltaire and The Enlightenment Essay determining when a sentence is mood tennyson his death cruel and unusual as whether it #8220;is greatly disproportionate. And The. . . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it #8220;shocks the conscience of the public, or our own respective or collective sense of fairness,#8221; State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is #8220;inhuman or barbarous,#8221; State v. Effects. Heald, 307 A.2d 188, 192 (Me.1973).

Because the Voltaire and The Enlightenment Essay, Legislature is #8220;the voice of the sovereign people,#8221; King, 330 A.2d at about 127, and Voltaire Enlightenment, thus expresses the people#8217;s will, only the most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the people of Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the judgment of the Legislature is the which mood does evoke his death, collective judgment of the people. ? 24 Gilman was convicted of a Class C crime, punishable by a maximum of five years imprisonment. Enlightenment. See 17-A M.R.S. Which Mood Tennyson Contemplates. ? 1252(2)(C) (2009). The Legislature mandated a sentence for his conduct of two years, or forty percent of the maximum. 29-A M.R.S. ? 2557-A(2XD). It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to endanger others by operating a motor vehicle while impaired, from continuing to drive under any circumstances.

A mandated sentence for that conduct on the lower end of the zero-to-five-years scale is not the rare, extreme, or shocking case, and does not violate the proportionality requirement of article I, section 9. C. Voltaire. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for mood tennyson evoke as he his death speeding, the Voltaire and The, Legislature had no rational basis for increasing his sentence for operating after revocation because of his prior OUI convictions. He acknowledges that in order to reach the result he seeks, we would be required to rhesus factor overrule our decision in Voltaire and The Enlightenment State v. Chapin, where the same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the danger created by drunk drivers was #8220;certainly strong enough#8221; to justify the tennyson evoke as he, imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the rational relationship of prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to individually notify him that the minimum statutory penalties for Voltaire and The Enlightenment operating after revocationM had increased with the rhesus factor, enactment of 29-A M.R.S. ? 2557-A. Voltaire Enlightenment Essay. See P.L. 2005, ch. 606, ? A-11 (effective Aug.

23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to the defendant#8217;s detriment. 683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to drive and thus knowingly violated the law. The Legislature changed the theory nursing, statute, the Governor signed it into law, and Gilman is presumed to know what the law is. And The Enlightenment. See Houghton v. Hughes, 108 Me. Change Theory Nursing. 233, 236-37, 79 A. 909 (1911). Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law. Moreover, the law in effect at the time of his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12.

E. Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the witnesses against him was violated when the Superior Court admitted, over Voltaire Enlightenment his objection, a certified record from the Secretary of State stating that his privilege to operate had been revoked, that he had received proper notice of the revocation, and that he had three OUI convictions within the preceding ten years. As. with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. Effects. In Tayman, we held that a disputed Secretary of State certification did not offend the Confrontation Clause because #8220;the certification served only to confirm the authenticity of the underlying records of the Violations Bureau, which themselves contain only routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at and The Essay 1158; see also State v. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on the authority of the Supreme Court#8217;s decision in Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). In Melendez-Diaz, the Court held that the admission of a chemist#8217;s certificate stating that an analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . . that is not the case if the regularly conducted business activity is the genting highland in celsius, production of Enlightenment, evidence for use at trial.#8221; Id. at 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and concluded that Tayman remains good law.

State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the result here and consequently Gilman#8217;s argument fails. Judgment of rhesus factor, conviction affirmed. Sentence vacated; remanded to the Superior Court for resentencing. 1 The statute provided: D. A person is guilty of a Class C crime if the person commits the crime of Enlightenment Essay, operating after habitual offender revocation and: (2) The person has 3 or more convictions for violating section 2411 Criminal OUI or former Title 29, section 1312-B within the previous 10 years. The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court. Street. 29-A M.R.S. ? 2557-A(2)(D) (2008).

The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(D)(2) (2009)). 2 Gilman does not specify whether his due process and equal protection claims are grounded in the United States or Maine Constitutions. Enlightenment. In any event, those protections are coextensive. See Conlogue v. Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases).

3 The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(A) (2009)). Rhesus Factor. 4 The Rule provides: #8220;On motion of the . Voltaire Essay. . . attorney for which mood as he the state . . . made within one year after a sentence is Voltaire Enlightenment Essay imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in an illegal manner.#8221; M.R.Crim. P. Genting Weather. 35(a). 5 At oral argument, Gilman suggested that the Voltaire and The Essay, minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to rhesus factor the sentences imposed by the Legislature for other crimes. We find no support for his contention that we must place crimes and penalties on Voltaire a continuum before deciding whether a particular penalty is constitutional, and we do not address this argument further. The House Of Mango Street. 6 Although the Maine Constitution, unlike the United States Constitution, delineates the protections against disproportionate punishments and cruel or unusual punishments separately, both the Supreme Court and this Court have understood them to be related. See Kennedy v. Louisiana, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . Voltaire And The Essay. . . Rhesus Factor. The Eighth Amendment#8217;s protection . Voltaire And The Essay. . . flows from the highland in celsius, basic precept of justice that punishment for and The a crime should be graduated and proportioned to the offense.#8221; (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is cruel and unusual as applied, we look to whether the of mango street, sentence is greatly disproportionate to the offense and whether it offends prevailing notions of decency.#8221;); State v. Frye, 390 A.2d 520, 521 (Me.

1978) (#8220;A mandatory sentence is not cruel and unusual punishment unless the sentence is greatly disproportionate to Voltaire and The Enlightenment the offense or the punishment offends prevailing notions of decency#8221;); Tinkle, The Maine State Constitution: A Reference Guide (1992) at 43 (#8220;The interpretation of `cruel or unusual punishment#8217; also is informed by the requirement of proportionality.#8221;). 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 0.15% or more not disproportionate to negative of corporal the crime); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to the offense); State v. Briggs, 388 A.2d 507, 508 (Me. Enlightenment. 1978) (holding mandatory $500 fine for night hunting not excessive); State v. Rhesus Factor. King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for sale of amphetamine not disproportionate and thus not cruel and unusual); State v. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for and The armed assault not cruel and unusual); State v. Lubee, 93 Me. 418, 45 A. 520 (1899) (holding fine for punishment short lobsters not unconstitutionally excessive and value of lobsters in Voltaire and The particular case irrelevant); c.f. State v. Alexander, 257 A.2d 778, 783 (Me.

1969) (holding five-day sentence imposed by lewin's nursing, court in its discretion for contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d at 540 (holding death penalty for Voltaire Enlightenment non-fatal rape of a child violates Eighth Amendment); Roper v. Simmons, 543 U.S. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. Nursing. 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and Voltaire and The Enlightenment, unusual); Atkins v. Virginia, 536 U.S.

304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for mentally retarded offenders violates Eighth Amendment); Harmelin v. The House Street. Michigan, 501 U.S. 957, 961, 995-96, 111 S.Ct. Voltaire Enlightenment. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of life without parole for possessing 672 grams of cocaine not cruel and lewin's theory nursing, unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the Voltaire Enlightenment, sentencing court first determines a basic sentence considering the nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to arrive at a maximum sentence that may be higher or lower than the nursing, basic sentence, and finally determines whether any of the maximum sentence should be suspended in arriving at a final sentence. 17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Maine Constitution gives the Governor the equitable power to #8220;grant reprieves, commutations and pardons#8221; in individual cases. Me. Const. art. V, pt. Voltaire Enlightenment Essay. 1, ? 11.

11 Discussing what would qualify as disproportionate under the Eighth Amendment, the Supreme Court used the hypothetical example of effects of corporal, #8220;a legislature making overtime parking a felony punishable by life imprisonment.#8221; Ewing, 538 U.S. at 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. ? 2557 was repealed and replaced by P.L. 2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. ? 2557-A (2008)). The indictment against Gilman alleged that his most recent OUI conviction occurred on October 14, 2005. And The. Gautier#8217;s conviction for being a felon in possession of a firearm pursuant to 18 U.S.C. 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. Which As He Contemplates. 590 F.Supp.2d 214. UNITED STATES of America, Eddie GAUTIER, Defendant. Criminal No.

06cr0036-NG. United States District Court, D. Massachusetts. December 23, 2008. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED.

Oscar Cruz, Jr., Timothy G. Voltaire And The Enlightenment. Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for negative effects Eddie Gautier. Enlightenment Essay. William D. Weinreb, United States Attorney#8217;s Office, John A. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for United States of evoke as he, America. GERTNER, District Judge: TABLE OF CONTENTS. A. Voltaire And The. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. 1. Whether the Crime Defined by Prong (2) of 32B Is a Violent. 2. Whether the which mood does tennyson evoke contemplates his death, Crime Defined by Prong (2) of Voltaire Essay, 32B Is a Violent. B. Whether the negative effects punishment, 1998 Juvenile Offenses Were Committed on Different. 2. Whether the Inquiry Is Limited, to Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and Voltaire Enlightenment Essay, ammunition in weather the pocket of defendant Eddie Gautier (#8220;Gautier#8221;) one night in Roxbury. The offense stemmed from a night of and The, drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an inoperable gun did not constitute a crime under state law.

The federal government took up the case, charging Gautier with being a felon in genting highland possession of a firearm, pursuant to 18 U.S.C. 922(g)(1), because of his prior record. His prior convictions include two armed robberies from 1998, when he was 16, and Voltaire Enlightenment Essay, a resisting arrest charge from rhesus factor 2001, when he was 20. (He is presently 27.) The Guideline sentencing range for Voltaire and The Essay Gautier, assuming a guilty plea, was 57-71 months. But the lewin's change theory, government wanted more punishment for Gautier. It contended that these convictions compelled the application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (#8220;ACCA#8221;). See 924(e) (applying the penalty to defendants with at least three previous convictions for violent felonies committed on separate occasions). I disagree.

In passing the and The Enlightenment, ACCA, #8220;Congress focused its efforts on career offenders those who commit a large number of fairly serious crimes as their means of livelihood, and of mango street, who, because they possess weapons, present at least a potential threat of harm to persons.#8221; Taylor v. United States, 495 U.S. 575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Enlightenment Essay. Gautier#8217;s criminal history consists of six episodes over ten years; two occurred when he was 16 and two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting. After two rounds of briefing and tennyson his death, two sentencing hearings, I found that Gautier is not an armed career criminal under the terms of the statute. First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the meaning of the ACCA. Second, and in the alternative, court records were ambiguous on the question of whether his 1998 offenses were #8220;committed on occasions different from one another#8221; as the statute requires.

As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. Accordingly, I sentenced Gautier to 57 months#8217; incarceration, in effect the Guideline felon in possession sentence, and Essay, three years#8217; supervised release, with a number of special requirements. This memorandum reflects the factual and legal bases for nursing that sentence. On the night of January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to visit his mother. He decided to meet four friends who were out celebrating two of their birthdays. Voltaire Essay. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in an unmarked police car approached the group.

One of in celsius, Gautier#8217;s friends, Salome Cabrera, peered into and The Enlightenment Essay, the vehicle and made movements toward his waistband. Which Does Tennyson Evoke Contemplates. The officers exited the car, badges displayed, and walked to Cabrera. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on Essay the group. They arrested and theory, searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in Gautier#8217;s jacket pocket. An examination later revealed that the Voltaire Enlightenment, gun was completely inoperable.3. Gautier was transferred to federal custody on February 8, 2006, and the house street, indicted on Voltaire and The February 15, 2006, on one count of felon in possession of a firearm and one count of felon in possession of the house street, ammunition, both pursuant to 18 U.S.C. 922(g)(1). Subsequent to his arrest, he agreed to speak to and The federal agents and police investigators, admitted to possessing the gun, and the house, divulged where it had come from. Indeed, according to his counsel, the defendant repeatedly offered to plead guilty to and The Enlightenment Essay the charge, but was advised against it because of the possibility of an rhesus factor ACCA minimum mandatory sentence of 15 years. Counsel for Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). Voltaire And The. When the pre-plea PSR concluded that an which mood does evoke his death ACCA enhancement was required, the Enlightenment, defendant felt obliged to go to trial.

At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction. His defense was that he had picked up the gun and held it momentarily, to keep it from a group of younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of both counts on July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the first sentencing hearing on October 15, I asked the government to brief whether resisting arrest qualifies as an negative effects of corporal punishment ACCA predicate, an and The Enlightenment issue raised in the defendant#8217;s objections to the presentence report. Genting Weather In Celsius. On that date, I also raised sua sponte the issue of whether the juvenile. offenses Gautier committed in 1998 were clearly separate predicates. At the final sentencing hearing on December 15, 2008, after reviewing the parties#8217; submissions, I concluded that the Voltaire, ACCA enhancement was not warranted, principally because of the negative of corporal, resisting arrest conviction but based on alternative findings concerning the Voltaire Essay, two 1998 convictions, as well.

Gautier#8217;s conviction for negative punishment being a felon in Voltaire and The Essay possession of a firearm pursuant to 18 U.S.C. 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. That statute provides: In the case of of mango street, a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of Enlightenment Essay, this title for a violent felony or a serious drug offense, or both, committed on occasions different from of mango one another, such person shall be fined under this title and and The Enlightenment, imprisoned not less than fifteen years#8230;. 18 U.S.C. 924(e)(1). Gautier#8217;s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the theory nursing, sentencing enhancement: First, Gautier#8217;s conviction for Voltaire Enlightenment Essay resisting arrest may not be a #8220;violent felony#8221; under the ACCA. Second, the government may have difficulty establishing, on which does evoke contemplates his death the basis of source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on occasions different from one another.#8221; A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. Laws Ch. 268, 32B Is a Violent Felony. The ACCA defines #8220;violent felony#8221; as any crime punishable for a term exceeding one year that #8220;(i) has as an element the use, attempted use, or threatened use of Voltaire and The Essay, physical force against the person of rhesus factor, another; or (ii) is and The Enlightenment Essay burglary, arson, or extortion, involves use of does tennyson contemplates, explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.#8221; 18 U.S.C. 924(e)(2)(B). Voltaire Enlightenment. Courts are obliged to change theory nursing apply a categorical approach to determining whether a criminal offense is a violent felony; that is, they look to the statutory definition of the and The, prior offense and not to lewin's nursing the facts underlying the conviction.

See Taylor, 495 U.S. at 600, 602, 110 S.Ct. 2143. Essay. Put simply, the issue is what the defendant was convicted of, or what he pled to, or what he admitted in rhesus factor the sentencing proceeding, not what he actually did. United States v. Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is involved. as with the ACCA, the case law expressly cautions courts against engaging in Enlightenment a post hoc archeological dig of prior convictions to determine what really happened. Problems of interpretation arise when a state statute on which the predicate charge was based encompasses both violent felonies, which may qualify for rhesus factor ACCA treatment, and nonviolent felonies, which do not. In such a case, while the sentencing judge #8220;may not hold a minitrial on the particular facts underlying the prior offense,#8221; see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to ascertain whether the conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994).

The question, now unequivocally answered by the Supreme Court in Shepard v. United States, 544 U.S. 13, 125 S.Ct. Voltaire Enlightenment Essay. 1254, 161 L.Ed.2d 205 (2005), is how far that #8220;peek#8221; can go. #8220;Not very far, is the answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at about Elements of Authentic Leadership 600-02, 110 S.Ct. 2143; Damon, 127 F.3d at Enlightenment 142-46.) If the defendant was convicted after a trial, the court is permitted to consider what the jury instructions suggested about the verdict. When a defendant#8217;s conviction resulted from a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the plea colloquy, any facts confirmed by Identifying of Authentic Leadership, the defendant at sentencing, and any comparable judicial record. See Shepard, 544 U.S. at and The Enlightenment Essay 26, 125 S.Ct. 1254. Finally, if the relevant facts contained in the PSR are uncontested, the court may consider these as further admissions by the defendant.

See Dueno, 171 F.3d at 7; United States v. Which Tennyson. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the Massachusetts resisting arrest statute embodies both violent and nonviolent offenses and, further, that nothing in the record of Voltaire and The Enlightenment Essay, Gautier#8217;s 2002 plea to the charge establishes that the plea was to the violent version of the felony. Under the Massachusetts statute, a person is of mango guilty of the offense if he knowingly prevents or attempts to prevent an officer from effecting an arrest by and The, #8220;(1) using or threatening to use physical force or violence against lewin's the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.#8221; Mass. Gen. Laws ch.

268, 32B(a). The government correctly points out that Prong (1) of and The Essay, this definition clearly defines an ACCA violent felony, as it #8220;has as an element the use, attempted use, or threatened use of physical force against the person of another.#8221; 18 U.S.C. Change. 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem. 3 (document # 62). Prong (2) of the resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Enlightenment Essay, Gautier#8217;s colloquy, no plea agreement, and no other record indicating which type of the house of mango street, resisting arrest Gautier admitted. While the PSR reviewed the police report of the offense, Gautier did not adopt the facts as true. Rather, he interposed a Shepard challenge to any #8220;peek#8221; at the underlying facts not comprised by and The, the plea colloquy. Mood Contemplates. Accordingly, as in Shepard, the criminal complaint to Essay which Gautier pleaded is the only extant evidence I may consider, and it simply lists the offense and provides its full statutory definition.5 As there is no evidence that Gautier specifically pleaded guilty to the Prong (1) version of resisting arrest and as the. statute is structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot.

1. Whether the Crime Defined by Prong (2) of 32B Is a Violent Felony Under 18 U.S.C. 924(e)(2)(B)(i) By its own terms, the rhesus factor, Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in Enlightenment Essay the ACCA. That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; Mass Gen. Laws. ch. 268, 32B(a), does not explicitly #8220;ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of another,#8221; 18 U.S.C. 924(e)(2)(B)(i). Moreover, the fact that the Prong (1) definition of Essay about Leadership, resisting arrest does contain such an element, coupled with Prong (2)#8217;s specification of resistance by #8220;other means,#8221; suggests that Prong (2) does not involve such an element by and The, implication, either. 2. Whether the Identifying, Crime Defined by Prong (2) of 32B Is a Violent Felony Under 18 U.S.C. 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for Voltaire Essay the armed career criminal mandatory minimum, it must do so under the second definition provided by the ACCA. Since resisting arrest is obviously not one of the enumerated offensesburglary, arson, extortion, or a crime that involves the use of explosivesthe inquiry focuses on what has been called the residual clause of the ACCA statute. See James v. United States, 550 U.S. 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007).

The issue is whether resisting arrest #8220;using any other means which creates a substantial risk of of mango, causing bodily injury to such police officer or another,#8221; in the language of the Massachusetts statute, Mass. Gen. Laws. ch. Voltaire Enlightenment. 268, 32B, #8220;involves conduct that presents a serious potential risk of physical injury to another,#8221; in the language of the ACCA, 18 U.S.C. 924(e)(2)(B)(ii). At first pass, the question seems to answer itself, but the Supreme Court has required more than a textual comparison of the the house street, criminal statute and and The Enlightenment, the ACCA under the residual clause.

In Begay v. United States, ___ U.S. Rhesus Factor. ___, 128 S.Ct. Voltaire Essay. 1581, 170 L.Ed.2d 490 (2008), in of mango street which the Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for Enlightenment Essay determining whether a conviction is a #8220;violent felony#8221; under the residual provision of 924(e)(2)(B)(ii). Where the offense in question is not one of those enumerated in the statute, a court must determine not only (1) whether that offense #8220;involves conduct that presents a serious risk of physical injury to another,#8221; but also (2) whether the crime is #8220;roughly similar, in kind as well as in rhesus factor degree of risk posed, to the#8221; enumerated offenses. Id. at 1585. The latter step is critical here. It requires a court to Enlightenment Essay decide whether the offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;the defining feature of the enumerated offenses. The Court based the negative effects, Begay test on the text of the ACCA, its legislative history, and its underlying purpose. Voltaire And The Essay. As to text, the court noted that the presence of the enumerated offenses of burglary, arson, extortion and crimes involving explosives #8220;indicates that the statute covers only similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another.#8217;#8221; Id. Had Congress intended the statute to cover all crimes creating serious risk of injury, it would have omitted the Essay about, examples. Essay. As to history, the Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at 1586.

Finally, the Court noted that this interpretation served the ACCA#8217;s purpose of #8220;punish[ing] only a particular subset of offender, namely career criminals.#8221; Id. at 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and weather, #8220;aggressive#8221; conduct#8230;. That conduct is Voltaire Essay such that it makes [it] more likely that an genting in celsius offender, later possessing a gun, will use that gun deliberately to harm a victim#8230;. Were we to read the statute without this distinction, its 15-year mandatory minimum sentence would apply to Enlightenment a host of crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at 1586-87 (citations omitted). In Begay, the Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at 1584. Even so, it held under the second step of the analysis that a conviction for driving under the influence (#8220;DUI#8221;) falls outside the scope of the residual clause because #8220;[i]t is simply too unlike the provision#8217;s listed examples for us to believe that Congress intended the provision to cover it.#8221; Id. at 1584. Moreover, the mood does as he, Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the offense. James, 127 S.Ct. at 1597. In the words of the First Circuit, I must evaluate the degree of Voltaire Enlightenment Essay, risk posed by #8220;the mine-run of conduct that falls within the heartland of the statute.#8221; United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the of corporal, crime of being a felon in and The Enlightenment possession of the house, a firearm is not a violent felony under the ACCA because risk of physical harm does not #8220;often accompany[] the Enlightenment, conduct that normally constitutes#8221; the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court#8217;s understanding that it had to consider #8220;what#8217;s the typical, usual type of conduct#8221; constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is a crime of mood evoke contemplates his death, violence #8220;if and and The Enlightenment Essay, only if a serious potential risk of physical injury to another is a `normal, usual, or customary concomitant#8217; of the predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is not concerned with testing either the outer limits of statutory language or the myriad of possibilities girdled by that language; instead, a categorical approach is concerned with the usual type of change theory, conduct that the and The Essay, statute purports to proscribe.#8221;).

To determine the mine-run of conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the statute. In Commonwealth v. The House Street. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant#8217;s stiffening his arms and pulling one away for a second to and The Essay avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of causing bodily injury#8221; to the officers involved. Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Which Mood Evoke As He. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and refused to put his hands behind his back.6 Id. at 468-69, 841 N.E.2d 717. In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition.

Commonwealth v. Grant, 71 Mass. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008). These cases indicate that while Prong (1) of the resisting arrest statute covers the actual or threatened use of force, the mine-run of conduct criminalized by Prong (2) involves a lesser version of #8220;active, physical refusal to and The Enlightenment submit to the authority of the arresting officers#8221;: paradigmatically, the stiffening of one#8217;s arms to resist handcuffing. Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the Essay about of Authentic, first prong of the Begay analysis, I must determine whether the Prong (2) definition of resisting arrest #8220;presents a serious potential risk of physical injury to another.#8221; Stiffening one#8217;s arms to prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of and The Enlightenment, injury, and at least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to satisfy this part of the test. Genting Highland Weather. See United States v. Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at and The Essay *2 (D.Kan. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a #8220;violent felony#8221; for ACCA purposes) (#8220;While an individual can, and often does, cause serious personal injury or death while attempting to mood does evoke as he flee from the police, the statute also charges behavior which would arguably not cause serious personal injury.#8221;).

In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and Voltaire, particularly pulling one#8217;s arm free, is #8220;[t]he type of resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at the moment [the defendant] freed his arm.#8221; 433 Mass. at 145, 741 N.E.2d 25. Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of injury to another, that form of resisting arrest cannot fulfill the second part of the Begay test. The crime is genting highland weather not #8220;roughly similar, in kind as well as in degree of risk posed, to the#8221; enumerated offenses. Begay, 128 S.Ct. at 1585. First, looking to the degree of risk: Even if the Essay, Grandison court is correct that stiffening one#8217;s arms and pulling away present a serious risk of harm to highland in celsius another, the degree of that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. Voltaire And The Enlightenment Essay. The Supreme Court has explained that burglary presents a high risk of violence due to #8220;the possibility of a face-to-face confrontation between the burglar and a third party #8230; who comes to investigate.#8221; James, 127 S.Ct. at 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the #8220;powder keg#8221; rationale). The element of surprise that spooks a burglar into about Elements of Authentic Leadership, personal violence is not present where police are already in the process of arresting a suspect.8 It is. Voltaire And The Essay. measurably less likely that injury will result from the stiffening of lewin's nursing, one#8217;s arms than that it will result from a burglary, the setting of Enlightenment Essay, a structure on fire, unlawfully demanding property or services through threat of harm, or the detonation of explosive devices.9. Second, looking to the #8220;in kind#8221; test, whether Prong (2) resistance is similar in kind to the enumerated offenses: This inquiry requires me to determine whether the offense involves #8220;purposeful, violent, and about Elements of Authentic, aggressive behavior.#8221; In Begay, the Voltaire and The Enlightenment Essay, Court held that drunk driving does not fulfill the test because the offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses.

128 S.Ct. at 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in respect to which the offender need not have had any criminal intent at all.#8221;); see also United States v. Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is not a crime of violence because it is not intentional). But as the First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the rhesus factor, safe harbor of Voltaire and The Enlightenment Essay, offenses with limited scienter requirements and uncertain consequences (like DUI #8230;), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.#8221; Id. at 7 (citation omitted). Prong (2) resistance is such a crime. The First Circuit recently explained that #8220;all three types of conducti.e., purposeful, violent and about of Authentic Leadership, aggressiveare necessary for a predicate crime to qualify as a `violent felony#8217; under ACCA.#8221; United States v. Voltaire And The Enlightenment Essay. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). The court also provided more precise meanings for those characteristics.

It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at 1587-88. Perhaps because it is common sense that a DUI is not violent or aggressive in an ordinary sense, the Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. Negative Punishment. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in turn is defined as #8220;a forceful action or procedure (as an unprovoked attack) esp. Enlightenment. when intended to the house street dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed. 2003). Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at 58. Applying these definitions, the court held that a conviction under a Wisconsin statute for homicide by negligent operation of a motor vehicle was not a #8220;crime of violence#8221; under the Voltaire and The Enlightenment Essay, career offender sentencing guidelines.10 Id. at 59. Rhesus Factor. While the offense undoubtedly presented a serious potential risk of and The Enlightenment, potential injury to. another, it was not purposeful or aggressive enough to be similar #8220;in kind#8221; to the enumerated offenses. Id. Lewin's Change Nursing. A similar conclusion obtains here.

To be sure, the Prong (2) form of resisting arrest is purposeful in that a defendant who stiffens or pulls away his arm certainly intends to do so (though he may not intend to expose others to risk of injury). It is differently purposeful, however, from the interstate transport of Voltaire and The, a minor for prostitution, which the theory, First Circuit held in Voltaire Williams constituted a #8220;crime of violence#8221; under the career offender provision of the sentencing guidelines. 529 F.3d at 7-8. A defendant who prostitutes minors #8220;is aware of the risks that the prostituted minor will face#8221; and the risk of harm is rhesus factor #8220;easily foreseen by Voltaire and The, the defendant,#8221; id. at 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to those around him. Moreover, Prong (2) resistance cannot be said to which mood evoke his death approach the Voltaire and The Enlightenment, aggression or violence of the enumerated offenses. See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct.

2143 (noting that Congress considered burglary #8220;one of the negative punishment, `most damaging crimes to society#8217; because it involves #8216;invasion of and The, [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and valued possessions#8217;#8221; (quoting H.R.Rep. No. 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Identifying Elements Leadership. Arm-stiffening is not characterized by the force or domination impulse that the First Circuit has held defines aggression, and and The, it lacks the extreme force and sudden intenseness required by the court#8217;s definition of violence. See Herrick, 545 F.3d at 60. Nor does it resemble those offenses previously held by the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause.

See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from a person); United States v. Lewin's Change Theory Nursing. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and and The, entering a commercial or public building); United States v. Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the premises of another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on Identifying Elements a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. United States, 2004 WL 1571643 (D.Me. Apr. 30, 2004) (breaking and entering a commercial building); United States v. Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on a person over 14 years old). And those cases predated Begay, when the Voltaire Enlightenment Essay, standard for finding an offense to in celsius be a #8220;violent felony#8221; was easier to Enlightenment satisfy. In light of the change nursing, difference in aggression and violence between resisting arrest and Enlightenment Essay, the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in the #8220;`way or manner#8217; in which it produces#8221; risk of injury. Begay, 128 S.Ct. at 1586. To be sure, some courtsincluding within this districthave found that resisting arrest is an ACCA predicate, but all of these cases predate Begay.11 Begay. #8220;charted a new course in negative effects punishment interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at 6. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the government#8217;s contention that a prior conviction under the Massachusetts resisting arrest statute constituted a #8220;crime of violence#8221; under the career offender guidelines. United States v. Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Voltaire Enlightenment Essay. Jun.

24, 2008) (sentencing defendant without written opinion to twenty-four months imprisonment for genting weather in celsius conviction under 18 U.S.C. 922(g)). Voltaire And The Enlightenment Essay. In another post-Begay case on resisting arrest, the U.S. Street. District Court for the District of Kansas held that the crime of fleeing and eluding an Voltaire Enlightenment officer is not a crime of violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and because resisting arrest #8220;is not similar to the listed crimes set forth#8221; in 924(e)(2)(B)(ii). The House Street. Urbano, 2008 WL 1995074, at *2. Importantly, the district court so held despite the existence of Enlightenment, a 2005 precedent concluding that the resisting arrest was a crime of violence. The court explained its about-face as required by Begay.

Id. at *2. In light of the Supreme Court#8217;s pronouncement in rhesus factor Begay, then, I find that the Prong (2) version of Voltaire, resisting arrest is not a #8220;violent felony#8221; under the ACCA. Rhesus Factor. The usual conduct underlying a conviction under that definition involves the and The Enlightenment Essay, stiffening of one#8217;s arms, not the application of lewin's change, force to another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the enumerated offenses either in degree of risk or in kind. The state court criminal complaint charges Gautier with the full definition of resisting arrest.

Because the Voltaire and The, government cannot establish that he pleaded to Prong (1) rather than to Prong (2)as it must it cannot look to this conviction for a qualifying violent felony. Gautier has at most two statutory predicatestoo few to trigger the fifteen-year mandatory minimum. B. Whether the 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Legal Standard. His Death. That Gautier#8217;s resisting arrest conviction is not a violent felony is enough to Voltaire and The preclude the application of the ACCA enhancement. In the alternative, I find the enhancement is also flawed for a second reason: his 1998 juvenile offenses were not #8220;committed on occasions different from one another#8221; as required to rhesus factor constitute independent predicate offenses.12 18 U.S.C. Essay. 924(e)(1). Punishment. The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the circumstances.#8221; United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the Voltaire and The Enlightenment Essay, #8220;identity of the victim; the type of crime; the time interval between the crimes; the location of the crimes; the continuity vel non of the defendant#8217;s conduct; and/or the street, apparent motive for the crimes.#8221; Id. As one would expect from Congress#8217; use of the Enlightenment, word #8220;occasion,#8221; the First Circuit has focused on the element of time. The Stearns court summarized that the statute distinguishes between, on the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather,#8217; viz., a period (however brief) which is devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,#8221; and on the other, #8220;a time lapse which does not mark the endpoint of the first crime, but merely the natural consequence of lewin's change theory, a continuous course of extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me.

Dec. 21, 2007) (two robberies committed over five weeks apart against different victims in different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on Enlightenment Essay different occasions because they were committed on consecutive days); United States v. Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at rhesus factor 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the Voltaire Essay, same victim and defendant was convicted and sentenced for both on the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on theory different occasions for the purposes of the ACCA, even though defendant received concurrent sentences). Voltaire. 2. Which Does Evoke As He His Death. Whether the Inquiry Is Limited to Shepard-approved Source Material. Again, in order to apply the above legal standard to the facts of Gautier#8217;s prior felony convictions, I must answer an antecedent question: from what sources may I glean those facts?

As explained above, the Supreme Court has directed courts to Voltaire Essay apply a #8220;categorical approach#8221; to determining whether a prior conviction qualifies as a #8220;violent felony#8221; and thus predicate offense under the ACCA. Taylor v. Genting Highland In Celsius. United States, 495 U.S. 575, 588, 110 S.Ct. Voltaire And The Enlightenment Essay. 2143, 109 L.Ed.2d 607 (1990). In the case of a guilty plea, the Court has limited district courts to #8220;the terms of the charging document, the terms of a plea agreement or transcript of does evoke contemplates, colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of this information.#8221; Shepard, 544 U.S. at and The Essay 26, 125 S.Ct. 1254. The issue I confront here is whether this same source restriction applies to my consideration of whether two offenses were #8220;committed on occasions different from one another.#8221; 18 U.S.C. Leadership. 924(e)(1).

The First Circuit has never ruled on this issue. In a pre-Shepard case, the court #8220;express[ed] no opinion#8221; on Enlightenment the lower court#8217;s citation of Taylor for the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the type countable under the which as he contemplates, ACCA.#8221; Stearns, 387 F.3d at 107. In that case, the defendant sought an evidentiary hearing to develop his argument that two of his predicate offenses should be counted as occurring on one occasion. The district court interpreted Taylor to Essay forbid such an involved inquiry and denied his motion, but because the defendant accepted the judge#8217;s ruling without objection, the First Circuit held he could not raise the issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the lewin's, First Circuit again declined to resolve the issue. The defendant argued it was error for the district court to Voltaire and The use facts gleaned from police reports and described in the PSR to find that two drug offenses disposed of on the same day were in fact #8220;committed on occasions different from mood does tennyson evoke as he his death one another.#8221; Id. at 38. The court of appeals opted not to address his argument, finding that even counting the contested offenses as one the defendant had enough predicates to trigger the ACCA.

Id. at 40. At least three circuit courts have held that the source restriction applies to the occasions inquiry. The Fourth Circuit held in Enlightenment Essay United States v. Thompson, 421 F.3d 278 (4th Cir.2005), that the #8220;ACCA#8217;s use of the lewin's theory nursing, term `occasion#8217; requires recourse only to data normally found in conclusive judicial records, such as the date and location of an offense, upon which Taylor and Shepard say we may rely.#8221; Id. at 286 (upholding trial judge#8217;s reliance on the PSR to find that three burglaries occurred on separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to the details in the PSR); see also United States v. Williams, 223 Fed.Appx. 280, 283 (4th Cir. 2007) (assuming that the occasions inquiry can be conducted by reference to Shepard-approved sources only). In United States v. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an ACCA enhancement where the Voltaire Enlightenment, court could not establish on the basis of Shepard-approved material that the predicate offenses were committed on different occasions. Of Mango. Id. at 279; see also United States v. Bookman, 197 Fed. Appx. And The. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of his predicate offenses was not established by Shepard-appropriate material).

The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and remanded when it is unclear whether the sentencing court limited itself to Essay about Identifying Leadership Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions. See United States v. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Taylor, 413 F.3d 1146, 1157-58 (10th Cir. 2005). Several district courts have come to the same conclusion. See, e.g., United States v. Carr, No. Enlightenment. 2:06-CR-14-FL-1, 2008 WL 4641346, at about Identifying Elements Leadership *2 (E.D.N.C. Oct.

16, 2008) (limiting the occasions inquiry to facts available in Shepard-approved material), including at least one court in Essay a circuit that disavows this application of the Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla. Which Does Tennyson Evoke As He. June 26, 2007) (accepting the applicability of Shepard and holding that the trial court #8220;properly reviewed the charging documents to determine that the offenses occurred on three separate occasions#8221;). By contrast, three circuits have held that the and The Enlightenment, source restriction applies only to the violent felony inquiry and not to the occasions inquiry. The Sixth Circuit has been most emphatic: #8220;All of our opinions on this issue have involved consideration of the specific facts underlying the prior convictions. Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the predicate offenses.#8221; United States v. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to venture beyond the decisional documents envisioned by Taylor, reasoning that these only rarely provide the Essay about Elements of Authentic, details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the occasions inquiry), and Enlightenment Essay, the Eleventh Circuit has held on the same grounds that the question is #8220;unsuited to rhesus factor a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard. But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir.

2007) (affirming the district court#8217;s use of the PSR to Essay determine that defendant had three predicates from different occasions for the ACCA). Identifying Elements Leadership. I find that the former approach is more faithful to the Supreme Court#8217;s rulings in Taylor and Shepard and makes sense in Essay terms of the application of the very severe ACCA. As I explained in my remand opinion in Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the judge against becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at the time of the state offense.#8221; United States v. Tennyson Evoke As He His Death. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). The central question in identifying countable predicate offenses where the Voltaire and The Enlightenment, defendant did not go to trial is #8220;what did the defendant plead to in the rhesus factor, state court?#8221; Id. at 17. Where a defendant has not been found guilty by a jury, it is only fair to punish him for the prior conduct that he actually admits, either by pleading to Voltaire Enlightenment Essay the facts alleged or failing to object to tennyson evoke as he contemplates them at sentencing.14.

In light of the Supreme Court#8217;s caution in Voltaire Essay this area and the judgment of the courts of genting, appeals, I find that I am limited to and The #8220;the statutory definition, charging document, written plea agreement, transcript of about of Authentic Leadership, plea colloquy, and any explicit factual finding by Voltaire Essay, the trial judge to street which the defendant assented#8221; in determining whether the defendants prior offenses were committed #8220;on occasions different from one another.#8221; Id. at 16. 3. And The Essay. The 1998 Offenses. In the instant case, the only Shepard-approved sources available to me in deciding whether the 1998 offenses occurred on different occasions are the state court indictments and negative punishment, Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on the sequence of the offenses. The government can produce no plea colloquy transcripts from Voltaire those cases.

And no additional underlying facts were incorporated into the PSR and adopted by the defendant. PSR 35-36 (repeating the details provided in the indictments and specifically stating that police reports were not received). While the plea tenders merely contain the defendant#8217;s and rhesus factor, prosecutor#8217;s dispositional requests, several things are evident from the face of the and The Enlightenment Essay, indictments. In Suffolk Superior Court case no. 98-10175, the street, grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against a victim named #8220;F.L.#8221; In Suffolk Superior Court case no.

98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to steal E.M.#8217;s car, robbed him of $25.00, and confined or imprisoned him against his will. And The. Clearly, the defendant committed these crimes against different individuals. But the type of crime at lewin's change issue here (armed robbery) and the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the Voltaire Essay, location of the crimes, the time interval between the does as he contemplates, offenses, or the Voltaire Essay, continuity of the conduct. It is therefore not #8220;possible to of Authentic Leadership discern the point at Enlightenment which the first offense is completed and the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008).

Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the mere fact that the offenses against F.L. and those against E.M. were grouped and charged in separate indictments suggests that Gautier committed them on different occasions. It is well settled that there is no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. Brown, 181 Fed. Appx. 969, 971 (11th Cir.2006) (noting that while #8220;the three qualifying offenses must be temporally distinct,#8221; separate indictments are not required); United States v. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). As such, courts have found that the existence of of mango, separate indictments is not dispositive evidence that the crimes alleged therein were committed on different occasions. And The Enlightenment Essay. See, e.g., United States v. Alcantara, 43 Fed.Appx.

884, 886-87 (6th Cir.2002) (three separate indictments for offenses all committed #8220;on or before November 30#8243; did not establish that the offenses occurred on #8220;occasions different from rhesus factor one another#8221; for the purpose of the ACCA); cf. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of whether prior crimes were #8220;related#8221; under the Sentencing Guidelines criminal history provisions, then ruling that the existence of separate indictments did not mean they were unrelated). This conclusion applies with the same force to the instant case. Prosecutors have wide discretion as to the form of criminal charging. Under Massachusetts Rule of Criminal Procedure 9(a)(2), the and The Enlightenment Essay, Commonwealth #8220;may#8221; charge two or more related offenses in the same indictment, and of corporal punishment, it may not.

The fact that the Suffolk County district attorney charged Gautier#8217;s 1998 offenses in separate indictments, then, says nothing about how distinct they were. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the armed robberies #8220;on occasions different from Voltaire one another.#8221; By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the mandatory minimum does not apply to Gautier.15. Weather. IV. THE SENTENCE. A. The Guidelines Computation.

I accept the presentence report computation of the Guidelines to Essay this extent: the base offense level is 24 under U.S.S.G. About Identifying Elements Of Authentic. 2K2.1(a)(2). While Gautier argues that he should get a two-point reduction for acceptance of responsibility under # E1.1(a) and (b), I disagree at Voltaire Essay least as Guidelines interpretation is concerned. I consider this issue in connection with the rhesus factor, 3553(a) factors (see below). While the government argues that the defendant committed perjury during his trial testimony, I do not agree and will not enhance under 3C1.1. I also agree that Gautier#8217;s criminal history is category IV under 4A1.1(d) and (e). The Guidelines range, then, is 63-78 months.

B. 18 U.S.C. 3553(a) Factors. Gautier argues for a 48-month sentence because the gun was inoperable, because he took possession of it as a safety measure to avoid what he believed to be imminent harm to others, and because he has turned his life around while in custody. I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to achieve the Voltaire and The Enlightenment, purposes of 3553(a) for the following reasons: 1. Change. Nature and Circumstances of the Offense. Gautier claims he took the gun from his friends because they were drunk and behaving recklessly. Even assuming that to be true, it plainly does not exonerate him, as the and The, jury found. Given his record, he should not have put himself in a position where the offense was even possible: in the Archdale projects, with drunk and mood tennyson evoke, disorderly compatriots, so much as touching a firearm. Voltaire Essay. Nevertheless, I believe this was a last minute and momentary possession, not something he sought out at the time, or did regularly. About Identifying. 2. Deterrence; Public Safety.

Gautier cooperated with the Enlightenment, authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to trial on the advice of Essay Identifying of Authentic, his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for Voltaire and The Enlightenment Essay what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines. I found Gautier contrite at his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. He has faced substantial challenges in his life. Gautier did not know his father as he was murdered when Gautier was four years old. His mother remarried and the family then relocated from Puerto Rico, his birthplace, to Providence, Rhode Island, and then to Boston after a fire damaged their home. This relationship did not last, according to Gautier#8217;s mother, because her husband was abusive. Rhesus Factor. When Gautier was 12, his mother sent him back to Puerto Rico to live with his paternal grandmother because of his discipline problems.

He stayed there until age 16 when he returned to Massachusetts. DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and Voltaire Enlightenment, cradled his friend as he died. After this incident another good friend. died of effects, complications relating to pneumonia. Soon thereafter, he was committed to DYS for a number of offenses. He was released on parole at age 17, but was in and out of custody until age 21 due to the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and received asbestos removal training upon and The Essay his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in the birth of change theory nursing, their son Zion Edwards Gautier.

The couple parted company when Gautier was incarcerated. While in prison, Gautier has been intensely involved in ministry work, assisting fellow inmates and studying with the prison chaplain. Gautier spoke movingly of this work. He indicated to Probation that he hopes to attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from and The Essay future offending, but also a track record of missteps that plainly require both punishment and assistance. Gautier has made efforts to give his life structure, but needs more.

I have required Probation to devise a recommended plan for effects punishment him, both as a recommendation for the Bureau of Prisons during the period of his incarceration and as a template for his supervised release afterwards. Studies suggest the significance on recidivism of Voltaire and The Enlightenment, a consistent plan, beginning in which mood does evoke his death prison and Enlightenment Essay, extending into reentry. Laurie Robinson #038; Jeremy Travis, 12 Fed. S.R. 258 (2000). In addition to that plan, as a condition of supervised release, Gautier is to speak at high schools or to mood contemplates other young men identified by Probation as #8220;at risk.#8221; I believe that a sentence of Voltaire Enlightenment Essay, 57 months is appropriate here for the following reasons. It marks the low end of the Guidelines range that he would have faced, 57-71 months, had he been charged with felon in negative of corporal punishment possession, without the ACCA enhancement, and pled to Voltaire Enlightenment that offense as he had wanted to do.17 That sentence combines the which mood evoke as he, Guidelines#8217; values with those of 3553(a). 1. The ballistics report observed that #8220;a portion of the trigger guard is broken off, the Voltaire and The, ejector rod collar is out of place, the ejector rod spring is defective, the ejector rod will not secure the cylinder in change nursing the closed position, the cylinder hand is not making contact with the cylinder, and neither the trigger nor the hammer can be drawn back to the firing position. There is rust on the cylinder, the ejector, the and The Enlightenment, crane, and the trigger. Essay Identifying Leadership. This weapon cannot be fired in its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in Enlightenment Essay which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent.

Mem., Ex. B (document # 60-2). 2. His prior convictions include offenses committed in the course of two armed robberies perpetrated on the same day in which mood does tennyson evoke 1998; marijuana possession and and The, distribution in 2001; resisting arrest and trespassing in negative punishment 2001; possession with intent to distribute marijuana in 2005; and attempted breaking #038; entering and possession of Voltaire, burglarious tools (screwdriver) in rhesus factor 2004. See Pre-sentence Report (#8220;PSR#8221;) 35-40. 3. Gautier made incriminating statements during the booking procedure, including #8220;You got me with the burner, I#8217;m gonna take a plea and do a year#8221; and #8220;That#8217;s a separate charge?

Of course it#8217;s gonna have bullets in it, it#8217;s a gun.#8221; He waived his Miranda rights and made similar statements during a police interview. 4. In United States v. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA. The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and the defendant#8217;s shared belief that the defendant was pleading guilty#8221; to a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the central question was, what did the defendant plead to in state court, and that the police reports did not provide reliable evidence on that central question. United States v. And The Enlightenment Essay. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). The First Circuit again reversed, holding that the rhesus factor, police reports could be considered and instructing me to apply to ACCA mandatory minimum. United States v. Enlightenment. Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the court of appeals, holding that a sentencing court may not look to rhesus factor police reports or complaint applications not made a part of the Voltaire Enlightenment Essay, plea or colloquy or adopted by defendant, in change determining whether a defendant had pleaded to a violent felony.

Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the word #8220;some#8221; for the word #8220;any#8221; in #8220;any other means.#8221; This discrepancy is of no consequence in and The Enlightenment this case. 6. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the statutory definition.

Id. at 719. 7. The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent. Mem. 3, but it offers no cases to suggest that arm-stiffening lies anywhere but at the very core of Prong (2) resistance. Essay About Identifying Elements Of Authentic. 8. Last month, the Supreme Court heard argument in a case presenting the question of whether failure to report to prison is Voltaire Enlightenment Essay a violent felony under the ACCA. Rhesus Factor. Chambers v. United States, No.

06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). Voltaire And The. This case presents the Court with an opportunity to reevaluate the powder keg theory, under which most circuits have found that such convictions are violent felonies because they create a risk of violent confrontation when law enforcement officials attempt to take the evoke contemplates his death, defendant into custody. The Seventh Circuit held as a matter of stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an Essay embarrassment to the law when judges make decisions about which does tennyson evoke contemplates his death consequences based on conjectures, in this case a conjecture as to the possible danger of physical injury posed by criminals who fail to show up to begin serving their sentences.#8221; United States v. Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Of course, a reluctant arrestee might also fight back against Voltaire and The an arresting officer.

In that case, however, the defendant would be guilty of resisting arrest under Prong (1), and the conviction would be an ACCA predicate offense. 10. The First Circuit has repeatedly held that #8220;[g]iven the negative of corporal punishment, similarity between the ACCA#8217;s definition of `violent felony#8217; and the definition of `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at and The Enlightenment 18 n. 3. 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of whether a conviction for resisting arrest was a prerequisite #8220;crime of change theory, violence#8221; under the career offender guideline, U.S.S.G. Enlightenment. 4B1.1. He confessed #8220;hesitation#8221; based on #8220;the uncertain impact of the Supreme Court#8217;s recent decision in the house of mango Shepard#8221; and the fact that the resisting arrest statute #8220;allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.#8217;#8221; Id. at 310. Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for career offender status. In United States v. Almenas, Judge Saylor denied without opinion the defendant#8217;s motion to exclude his resisting arrest conviction as a predicate offense for career offender status. In that case, however, the defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for it. (Almenas is now on appeal at the First Circuit. See Almenas v. United States, No.

06-2513. Because the parties in that case have urged the court to and The Enlightenment Essay remand the Essay Identifying Elements Leadership, case on Enlightenment alternative groundsnamely, because the district court judge understood himself to have less discretion than actually afforded him under Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. Essay About Identifying Leadership. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)I resolve the issue here.) In United States v. Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in Maryland was a violent felony under the residual clause of Voltaire, 924(e)(1)(B)(ii) because #8220;[t]he act of resisting arrest poses a threat of direct confrontation between a police officer and the subject of the effects of corporal punishment, arrest, creating the potential for serious physically injury to the officer and others.#8221; Id. at 455. Because the court made no attempt to identify the type of conduct that usually underlies the conviction, I do not know how the statute at issue there compares to the one at Voltaire and The Enlightenment Essay issue here. Finally, the Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a #8220;crime of violence#8221; under U.S.S.G. Mood Evoke As He Contemplates His Death. 4B1.1 because any resistance other than simply going limp increases the Essay, possibility of effects of corporal punishment, a violent incident.

See id. at 1055. 12. The government urged me to consider this alternative holding, even though it had not fully briefed it, in order to avoid addressing this issue on a remand, in the event of and The Enlightenment Essay, resentencing. Identifying Elements Of Authentic. 13. This view accords with the guidance provided to trial judges in other circuits. Essay. See, e.g., United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because #8220;it is possible to discern the point at which the first offense is completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on same night in separate doctor#8217;s offices 200 yards apart occurred on different occasions, because defendant #8220;made a conscious decision#8221; to commit another crime after completing the first). 14.

The Shepard Court came to this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of fact about what the defendant and state judge must have understood as the factual basis of the prior plea, and the dispute raises the concern underlying Jones [v. United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the genting highland weather in celsius, Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury#8217;s finding of any disputed fact essential to Voltaire and The increase the ceiling of a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S.

224, 118 S.Ct. Lewin's Change Nursing. 1219, 140 L.Ed.2d 350 (1998), allows a judge to find a disputed prior conviction, #8220;the disputed fact here #8230; is too far removed from the Voltaire and The Enlightenment Essay, conclusive significance of of mango, a prior judicial record, and too much like the Voltaire Enlightenment, findings subject to Jones and Apprendi, to change say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.#8221; Id. 15. In still another challenge to the mandatory minimum, Gautier argues that based on the definitional provisions of the ACCA, one of his January 8, 1998 criminal episodes does not qualify as a #8220;violent felony.#8221; The argument proceeds in several steps. First, an offense is not a #8220;violent felony#8221; unless it is #8220;punishable by imprisonment for a term exceeding one year,#8221; 18 U.S.C. Enlightenment. 924(e)(2)(B), and a crime is not punishable by imprisonment for a term exceeding one year if it has been #8220;set aside#8221; under state law, 921(a)(20). In Massachusetts, a youthful offender#8217;s conviction is #8220;set aside#8221; when he is discharged from highland weather in celsius Department of and The Essay, Youth Services (#8220;DYS#8221;) custody.

See Mass. Gen. As He. Laws ch. 120, 21. Gautier notes that for one of the two indictments on which he was convicted in 1998, he was adjudicated a youthful offender, committed to DYS custody, and and The Enlightenment Essay, then discharged at which mood does evoke contemplates age 21. Voltaire And The Enlightenment Essay. Based on the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in refusing to count convictions that have been set aside. It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.#8221; 921(a)(20). Where a defendant#8217;s conviction is set aside by automatic operation of statutory law, rather than by personalized determination, this #8220;unless clause#8221; is read to include restrictions applied by state statutory law.

See United States v. Punishment. Caron, 77 F.3d 1, 4 n. Voltaire. 5 (1st Cir. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier#8217;s discharge from DYS was accomplished by statute, Mass. Gen. Laws. ch.

120 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at ch. Essay About Of Authentic. 140 131(d)(i), applies to him. As a result, he cannot escape the ACCA sentencing enhancement through the 921(a)(20) exception. 16. The government suggested at and The Enlightenment the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For all intents and purposes, that is what his trial accomplished. Gautier admitted he was a felon and admitted that he possessed the gun. He attempted to explain that possession to the jury. Given the enormity of the ACCA enhancement, I credit his counsel#8217;s advice and the motivation for the trying the case. 17.

Base offense level 24, minus 3 for acceptance of responsibility, and Identifying of Authentic Leadership, criminal history category IV.

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Autumn , Bird , Holi 2016 Words | 5 Pages. SUMMER (Descriptive Essay) Everyone has a comfortable place to escape to for relaxation. They go there when they need to be alone and . not with people to disturb them. My place is nature in the summer . The summer time relaxes me like no exact place could. In Celsius! Nature, in the summer , relaxes me with its naturedness. I love sitting in the grass and listening to Enlightenment the nature sounds around me while it's summer . One of the in celsius, sounds I tune to first is the sound of the birds singing and chirping. Feeling , Huntington Beach, California , Orange County, California 1860 Words | 5 Pages. The Rainy Season In Bangladesh 68 rate or flag this pageTweet By Moktadir Muddy Road Flood Dirty water The Rainy . season is Voltaire and The Enlightenment, one of the six seasons . Change Nursing! It comes after the summer . Ashar and Shrabon are the months of the Voltaire Enlightenment Essay, rainy seasons . The House Of Mango! In fact rain sets in our country in the middle of june and lasts up to Voltaire Essay the middle of September.

In the rainy season the sky is overcast with deep black clouds. The sun can hardly be seen. Of Mango! The rivers are full to the brim. If there is sufficient rain, the. Climate , Cloud , Monsoon 830 Words | 9 Pages. ?Summers getting drowsy now Soon she will be fast asleep Missing summer , the trees begin to weep Its autumn time so leave and take a bow I . Voltaire! heard the autumns singing. The wind it sprints through the trees. The air is getting crispier and a chilly nip is in the breeze. Genting Weather In Celsius! On autumns night a luminous pearl hangs in the radiant night sky. Journeying to warmer land, the birds gossip loudly as they fly.

When orange and red are burnished on Voltaire and The Enlightenment leaves, They glide down like a silent pack of thieves. The. Autumn , Bus , Fake Noise from the house a Box of Voltaire and The Essay Toys 537 Words | 3 Pages. Summer is the Best Season (possible topic sentences with suggestions for details) o The four seasons . About Elements Leadership! of the year all have their appeal, but summer is by far my favorite. [Give examples of Enlightenment Essay wrong is wrong with the other seasons and what they dont offer that summer does.] o One aspect of summer that makes it so attractive involves clothing. [Give examples of why doing laundry is easier, what kinds of summer clothing you enjoy wearing, and why clothing in other seasons is less. Amusement park , Autumn , Brooklyn 609 Words | 6 Pages. Weather and Seasons What's the weather like in spring? 1 2 3 4 5 6 7 8 9 10 SUMMER COLD WEAR SUNGLASSES . MITTENS COAT DECEMBER SPRING WEATHER DRY Across Down 5. We wear _____ to keep the hands warm in negative punishment, the winter. 7. In China, the winter is usually in ______ , January and Voltaire Essay February.

9. Rhesus Factor! We wear _______ and shorts in the summer . 10. What's the opposite of wet? 1. I usually wear my orange _____ in Voltaire and The Essay, the winter. 2. It's usually hot and sunny in _______ . 3. In. Autumn , Jon Foreman , Lowercase people records 264 Words | 5 Pages. ?In the poem, The Summer Day, by Mary Oliver, there are many examples poetic devices that are extremely effective and help to rhesus factor reinforce the . thematic theme of the poem. A few that I found to be particularly effective are the examples of Enlightenment metaphors, repetition and irony. The most interesting poetic device found in the poem was the use of extended metaphor. It is evident in lines three to ten: Who made the grasshopper?

This grasshopper, I mean the one who flung herself out of the street, grass. Academy Award for Best Picture , English-language films , Genre 922 Words | 3 Pages. 1 English 12/11/12 Summer Days The splashing of the water, the screams of Voltaire and The young children, and waking up any time you want make . summer the genting highland weather in celsius, best season of Voltaire and The Enlightenment all! Summer is when school and sun is out and you can take the time to relax after a long school year. Summer is the best season because of the theory, relaxation, the free time, and the time you get to spend with your friends and family. This is why summer is the best season of all! The first reason summer is the best season is Enlightenment Essay, because of the relaxation. 2006 albums , Cool , English-language films 426 Words | 2 Pages. ? Summer Activity Several businesses, such as Primark and Nestle, have been accused of being unethical in in celsius, recent years. Voltaire! Do you think it is rhesus factor, . Voltaire And The Enlightenment Essay! essential for managers to rhesus factor take ethics into account consideration when making business decisions nowadays? Justify your answer with reference to Voltaire and The Enlightenment Primark, Nestle and other businesses that you know. Rhesus Factor! (40 marks) Business ethics refer to what is regarded as right or wrong in relation to business behaviour.

I think that managers should worry about Voltaire and The Essay, ethics as it. Applied ethics , Business , Business ethics 681 Words | 3 Pages. Spring and Summer . 1 How I Compare and Contrast Andrea Young Ashford University of rhesus factor Iowa ABC1102E January 24, 2011 2 I picked these two seasons , spring and summer because the and The, both of rhesus factor these seasons are items I can compare and contrast, it seems much easier than the two items I picked before the two. Difference , Season , Spring 955 Words | 3 Pages. Jones Professor Miller English 1011 September 27, 2010 My favorite season by far is summer . The coming of . summer brings countless days at the town swimming whole, end of school, and trips to Voltaire Enlightenment the beach. Summer time is a time when our family spends a lot of time together. It was the season when we set out to accomplish meeting every cheerleader at the beach. Most important of all this meant a time for us to enjoy ourselves. Summer days at the town swimming whole brings back so many things to my mind. American films , Debut albums , English-language films 506 Words | 2 Pages. The Perfect Season ! You just took a load off from that stressful school year.

Now its that time of the year where it becomes time to . enjoy the beautiful season of summer . When you can sleep in, go to the pool for change theory hours, and never have to worry about Enlightenment, any homework! For some people, they dont enjoy the summertime because it may be too hot or do not like to be outdoors. Well for weather me, summer is the best season because the days go by peacefully without a sound that can bother you. When you step. Beach , Cool , Light 627 Words | 2 Pages. The wet season , monsoon . season or rainy season is the time of year when most of Essay a region's average annual rainfalloccurs.

It usually lasts one or more months.The term green season is tennyson evoke, also sometimes used as aeuphemism by Essay, tourist authorities. Areas with wet seasons are dispersed across portions of the tropics andsubtropics.Under the Koppen climate classification, fo In contrast to Essay Identifying areas. Climate , Monsoon , Monsoon trough 1100 Words | 4 Pages. displays a very simplistic relationship in the beginning of the movie 500 Days of Summer . An undiscovered love between two human beings, with . just discussing common interests that slowly morph into and The stolen kisses in the copy room, getting tangled up in arms and legs underneath bed sheets, and being thankful for everyday theyre together are just some of the occurrences between them. The two main characters are named Tom and Summer . They constantly have inner struggles as well as outer problems, which makes.

Charles Bukowski , Dictionary , Films considered the greatest ever 1896 Words | 5 Pages. Difference Between Summer and Winter Seasons. Differences between winter and summer seasons What does winter and summer have in common? They are both . seasons , and they both happen when the earth is tilted toward the sun. Even though winter and summer are both seasons , they are also different.

During the winter season the weather is extremely cold, gray, and of mango dreary. The winter season has short days. The temperature outside tends to drop drastically. Often times the temperature may drop below a certain degree which may cause pipes to freeze. Christmas tree , Weather 625 Words | 2 Pages. ? Summer Getaway I just cant wait until summer . With all of Voltaire and The those plans to do, its really going to be fun! Ill tell you . my awesome plans.

This summer Im going to Boracay! When school gets out about Identifying were going there. Along the way we might make some stops. First we will leave San pedro laguna and and The go to Kalibo, Aklan and Essay about Identifying Elements Leadership stay there a day. One of the Sundays in boracay will be the most fun because were going too an and The Essay, island. After that, I might go swimming with my family. Highland Weather! When we come back I will. Charleston County, South Carolina , Family , Sleep 1115 Words | 3 Pages. PROJECT IN COMPUTER SACRED SEASONS Submitted by: Rene Chancellor Gonzales III Submitted . Essay! to: Mrs.

Claire de May V. Muyco Sacred Seasons is a world that exists in an eternal state of cyclical change. Much like a wheel spinning around in a complete rotation, an age will come into Essay about Identifying of Authentic Leadership being, built along a particular set of mythological and magical rules, flourish, then eventually. Richard II of England , The Age , White Hart 1586 Words | 7 Pages. How the seasons and day and night occur. ?How the Seasons and and The Enlightenment Day and Night Occur The Earths relationship with the sun creates the lewin's change theory nursing, four seasons and day and night. They . are all caused by the rotation of the Earth on its invisible axis. Day and night are caused by Voltaire Enlightenment, the rotation this axis as it turns towards and away from the sun and the house the seasons are caused by this axis rotation and the rotation of the Enlightenment Essay, Earth around the Sun.

What are the SEASONS ? There are four seasons in a year, about every 365 days. The season are spring, summer , autumn. Earth , Equator , Equinox 963 Words | 3 Pages. Favourite Season ? Why? The question of what is my favourite season is a difficult one to answer. Almost everyone will give a . different response, for there are as many positive points to each of the four seasons as you can possibly imagine.

Nonetheless, I agree that my favourite season is summer and the three main reasons are that summer is of mango, a time to relax and enjoy yourself, the weather is Voltaire and The Essay, seldom cold or rainy, and it is a great opportunity for families to travel. Which Mood Does Tennyson His Death! To start with, summer is a time. A Great Way to Care , Climate , Rain 420 Words | 2 Pages. Chawin Pathompornvivat Mrs. Sarr-Lewis Advanced Placement English Language amp; Composition 21st August, 2013 Summer Assignments 2013 . Word count: 313 words Close Reading: The Art and Craft of Analysis Close reading informs a writer writing by revealing something new each time we read them.

The process of Voltaire and The Essay close reading develop an Essay Elements of Authentic, understanding of a text that is Voltaire, based first on the words themselves. Nursing! The skill called close reading is a fundamental for interpreting literature. Enlightenment! Reading. Creative writing , John Updike , Reader 1070 Words | 4 Pages. why summer is the best season of the year. Summer is the best season of the year Summer in Nigeria signifies the season . when there is no rainfall. It is the season where most events and expeditions are organized. In summer , people express themselves more freely and confidently.

Children can be seen jumping around in excitement and flexing their tender muscles on of mango street the playground and outside. Adults and Essay youths too do several things in summer . They organize concerts and negative effects go to the beach in summer for fun and Voltaire and The excitement. Autumn , Immune system , Plant 602 Words | 2 Pages. have converted it into a little garden. There are five flower-beds 'and all types of plants. I spend some of my leisure hours in this garden. I water the . plants. I weed out wild plants. I plant new ones.

My little garden looks splendid in the spring season . The dahlias, the roses, the jasmines and rhesus factor others add to the beauty of other flowers in full bloom. I have a separate piece of land in my garden for Voltaire and The Enlightenment Essay vegetables and change theory nursing fruit trees. Another hobby in which I am sometimes engaged in is photography. It is. 2003 Cricket World Cup , Garden , Sachin Dev Burman 1874 Words | 5 Pages.

Introduction We count five seasons in Voltaire Enlightenment Essay, America. Summer is one of them. The House! It is the hot season . It rules over June, . July, and August. How it is caused The earth moves round the sun. Voltaire And The Enlightenment! The part of it, which comes nearer the which does tennyson evoke contemplates, sun, gets the Voltaire Enlightenment Essay, summer season . Essay Identifying Elements Of Authentic Leadership! Because here the sun's rays are straight and direct. Voltaire Enlightenment Essay! Advantages In summer , everything is neat and clean. The earth is dry. Hence, there is which mood tennyson as he contemplates his death, no mud or marsh. Ways and paths are open to Enlightenment very place.

Mangoes ripe in summer . The House Street! We get plenty of mangoes. Climate , Earth , Rain 373 Words | 2 Pages. ------------------------------------------------- Summer . A field during summer in Enlightenment, Belgium. | | Summer is . the warmest of the four temperate seasons , between spring and autumn. At the summer solstice, the days are longest and the nights are shortest, with day-length decreasing as the season progresses after the solstice. The date of the highland weather in celsius, beginning of summer varies according to climate, culture, and tradition, but when it is summer in the Northern Hemisphere it is winter in Enlightenment, the Southern Hemisphere. Atlantic Ocean , Equator , Northern Hemisphere 436 Words | 2 Pages. Seasons: Equator and Wearing- Warm Clothes. Why do we have seasons and the house how do they affect my life? We have seasons because the Voltaire Essay, earth is tilted on does contemplates its axis, as it makes . its yearly journey around the and The, sun. The Earths axis is tilted at an angle of 23.5 degrees.

This means that the earth is always pointing to rhesus factor one side as it goes around the Voltaire, sun. So, sometimes the sun is in the direction that the earth is pointing, but not at other times. The varying amount of sunlight around the earth, during the year, creates the seasons . Negative! We have hot. Earth , Equator , Latitude 854 Words | 3 Pages. Science: Advantages Disadvantages. Science Its Advantages and Disadvantages One of the striking features of Voltaire Essay 20 century is the progress of is no section oh human society in . which science has not brought revolution. But still the term is debated among the of mango, conscious people that whether science is Voltaire and The, blessing or it is a curse for humanity.

The facts, which are drawn by systematic study, are applied practically for the welfare of mankind or for the destruction of humanity. For example a gun in the hand of the house street a guard is used for the safety. Empirical , Human , Pseudoscience 1920 Words | 5 Pages. Emr Has Calculated That It Operated at an Average of Essay 70% Capacity Throughout the 2009/10 Ski Season. Discuss the Advantages and Disadvantages to rhesus factor Emr of This Level of Capacity Utilisation. EMR has calculated that it operated at an average of 70% capacity throughout the Voltaire and The, 2009/10 ski season . Discuss the advantages and nursing . disadvantages to EMR of this level of capacity utilisation. (18 marks) Acting at 70% capacity utilisation is regarded as the best way for a business to work at, as EMR are still making use of its equipment, whilst at the same time, not having any problems that come with 100% utilisation, with regard to reduced customer service and productivity.

However, in EMRs case. Arithmetic mean , Capacity utilization , Customer 1395 Words | 4 Pages. Advantage and Disadvantages of Different Retail Business. Retail Management 3rd assignment Rahul Nakarmi Silver Mountain Graduate Business School Retail Management, Semester 5 Sachin Karanjit Feb 11, 2013 . Advantages and disadvantages of different retail business There are various forms of retail and among them classification based on ownership seems quite popular. Enlightenment! There types based on this are independent, chain and the house of mango franchise retailer. Personally the Enlightenment, example of negative effects of corporal independent retailer (small retail outlet) is one near my house which owned by a Gurung.

Brand , Business , Decision making 1255 Words | 3 Pages. and summer solstice, and rise also at the equinoxes, sunlight shines between three giant rocks at the summit of Fajada Butte, throwing bright . sundaggers onto an intricate set of Voltaire spiral patterns carved on the rock behind. What celestial event is Stonehenge aligned to? Describe what happens at Stonehenge on which mood evoke as he contemplates this day. Stonehenge is Enlightenment, most likely an observatory for following the sun through the seasons . It is about Identifying Elements Leadership, a monumental shrine to the sun. Stonehenges heel stone is aligned to the summer solstice. Celestial coordinate system , Earth , Equator 1313 Words | 4 Pages. rich harvest, happiness and joy. Voltaire Enlightenment Essay! However, excess of everything is bad. It is equally true of rains.

If they are in excess, they may result in Essay Elements of Authentic, floods, . widespread suffering and loss. And The Essay! But generally, rains are welcome after the hot and sultry weather of summer . They bring welcome relief and revival of agricultural activities. It is said that mercy droplet as the gentle rain from heavens. Scarcity of rain results in drought, famine and spells of highland in celsius suffering. India depends for its prosperity on rich. Cloud , Muddy Waters , Precipitation 867 Words | 3 Pages. DISADVANTAGE OF EXTRACURRICULAR Students have a variety of extracurricular activities to choose, from speech team to chorus to multiple . sports for every season . This variety can benefit students immensely. According to Voltaire Enlightenment the children's education company Scholastic, extracurriculars let your child enjoy himself in a fun, stress-free environment, get some exercise and about Identifying Elements of Authentic Leadership make friends outside of school. For all the positive aspects, extracurricular activities can cause some problems for students.

Be. Extracurricular activity , High school , School terminology 1948 Words | 7 Pages. Four Seasons Goes To Paris This case study presents a clear example of the two simultaneous challenges of entering the and The Enlightenment Essay, global market with . a well established brand and culture. The first challenge, and one that might seem obvious, is that of understanding the culture with which you hope to create a successful partnership of sorts, and the second challenge is that of Identifying Elements of Authentic Leadership understanding the traits, characteristics, strengths and weaknesses of your own brand or corporate culture, and Voltaire and The Enlightenment how you may need. Cross-cultural communication , Culture , Dimension 1098 Words | 4 Pages. The Burning Season The city of Cachoeira for theory many years had been a place of stagnancy, neither moving upwards nor downwards.

The main source . of Voltaire Enlightenment income for most, if not all, of the families there is the rubber trees that grow in abundance in their forests. Barely any trace of technology has actually reached Cachoeira and for many generations, the people have led a very simple life. The tools and methods that they use in their job still consist of the most basic ones. Now, using these information. 2027 Words | 5 Pages. Cool Summer Foods to Beat the Heat. Cool summer foods to beat the heat. Street! Maintaining a healthy diet in summer is a concern for most individuals in the modern . world. The sun is shining and the mercury levels are soaring, you know the summer is Voltaire and The Enlightenment, here and there is no escape from Essay Identifying Elements of Authentic it. Enlightenment! It is effects of corporal punishment, a season where energy levels and appetite are low and a slightest activity causes the and The Enlightenment, sweat to flow off your back and face.

Life goes on and it is very necessary to cope with the heat to avoid the usual problems of dehydration, heatstroke and a feeling. Coffee , Cumin , Food 857 Words | 3 Pages. Case Summary: Four Seasons Goes to Paris? Entering a foreign market Basic facts about Four Seasons Hotels and Resorts Four . Seasons Hotels and Resorts is genting highland weather in celsius, a Canadian international luxury hotel management company. Between 1996 and 2000 they increased revenues and margins by about 20% and 10% respectively. Voltaire Enlightenment Essay! Their revenue per room was about 30% higher than that of their competitors. Four Seasons generally operates, but does not own, mid-sized luxury hotels and resorts. Tennyson Contemplates His Death! By 2002, they indisputably became. Four Seasons Hotels and and The Enlightenment Essay Resorts , French people , French people in Madagascar 1193 Words | 4 Pages. The Four Seasons Hotel and Resorts has become on the worlds most luxury hotels operating over Identifying Elements of Authentic, 50 properties in Voltaire and The Enlightenment, over 20 countries. The Four . Seasons is known for their high quality and personalized experience their guests receive. Recently the Four Seasons has received the rhesus factor, opportunity to operate the F.S.

George V Palace hotel in Paris, France. Before opening, The Four Seasons must learn how to operate in a foreign country especially in a market they have yet to conduct business. The Hotel has to Voltaire and The consider. Concierge , Hotel , Hotel chains 1947 Words | 5 Pages. Doe Season In the short story Doe season , David Kaplan creates a character named Andrea, who would rather be called Andy. Doe . Negative Effects Of Corporal Punishment! Season is Voltaire Enlightenment Essay, not simply a story about a young girls hunting trip with her father and friends. During the Identifying Elements Leadership, few days that Andy is on the hunting trip, she takes an incredible journey trying to Voltaire and The Enlightenment find out who she really is.

Usually, hunting deer is an about Elements, event reserved for young men and their fathers. Yet, it is through this outing that Andy experiences a rite of passage into womanhood. 175 , Father , Hunting Trip 846 Words | 3 Pages. | |Write the word seasons on the board and point to the word as you read it aloud to students. . | |Ask students to Essay name the four seasons . Write the about Leadership, names of the seasons on the board. Point to the name of each season and read it aloud with | |students. Ask students to explain what they know about and The Enlightenment Essay, each season . Write their responses on the board under the appropriate season . | |Show the book, Spring to the children.

Alliteration , Language , Orthography 777 Words | 4 Pages. Wallace Stevens-Cycles and Seasons. Cycles and Seasons : Context: Cycles and seasons are recurrent and prominent themes within Stevens poetry: When Stevens . began around 1913 to write the poems that would constitute his modernist canon, he began at once to write poems of autumn, winter, spring, and summer . The presence of the seasons in his poems is so pervasive that few critics fail at least to of mango street mention it. J. Voltaire Enlightenment Essay! Hillis Miller Miller suggests that Stevens pastoral predilection is born in the robust and romantic pleasures. Deconstruction , Georges Poulet , J. Hillis Miller 1265 Words | 4 Pages. Dr. Gaarden Antonio Vivaldi and The Four Seasons Antonio Vivaldi is widely known as one of the greatest composers of the weather, Baroque Era. . Vivaldi was considered a musical genius in Venice and all over Voltaire and The Enlightenment, Italy. He and rhesus factor his music quickly spread around the world. His achievements are remarkable and inspiring to any musician or composer. His unique techniques and musical elements he used made his music stand out. Vivaldis famous concerto, The Four Seasons , is perhaps his most famous work.

This concerto. Antonio Vivaldi , Baroque , Baroque music 2024 Words | 7 Pages. The Significance of Spring and Summer in Thomas Hardys Poems. throe, And meadow rivulets overflow, And drops on gate bars hang in a row, And rooks in and The, families homeward go, And so do I. The Significance Of Spring . And Summer In Thomas Hardys Poems - Document Transcript 1. The Significance of Spring and Summer in Thomas Hardy's Poems, If It's Ever Spring Again, and It Never Looks Like Summer Mehdi Hassanian esfahani (GS22456) The Victorian Age (BBL5101) Lecturer: Dr. Wan Roselezam February 2009 2. Introduction: Reading about Thomas Hardy, and as. Emotion , Narrator , Poetry 1815 Words | 5 Pages. Seasons of Life Tamika Carter The College of New Rochelle Seasons of Life Professor V. Pearson April 19, 2008 . Genting Weather In Celsius! Seasons of Life The Seasons of Life series examines the development process from infancy to late adulthood, and the many challenges that are faced at Voltaire and The Enlightenment Essay, each stage of the development process. The first video examines the developmental process from birth to approximately age five. The video explores the which his death, many components and experiences that contribute to humans early development. Adolescence , Child , Clock 1082 Words | 3 Pages. ?Nick Joaquins Summer Solstice is Voltaire and The, one of the many intoxicating stories he's made.

It could have been attributed to the authors state of rhesus factor . Voltaire And The Enlightenment Essay! mind while writing his stories. Leadership! He shares this kind of style with Edgar Allan Poe and Ernest Hemingway. They love to and The Essay drink and write. I love to drink and Essay Identifying Elements Leadership drink milk. I wish I am still a child to enjoy it for free where only my cry is my ticket to Voltaire and The Essay getting it. This maybe the reason why I still have this magnetic attraction to negative effects of corporal breasts. I must admit, Im not in. Don , Don Giovanni , Don Juan 1614 Words | 4 Pages. Standards for Teaching Seasons to K-1. and purposes) of fiction, nonfiction, poetry and electronic literary forms Class Reading Independent Mini Presentations Concentrated Units . End of Year Seasonal Acting as the Earth Season /Hemisphere Sounds Videos Clothing Reading Classmates Season Pages (Standards Continued) 1.C.1a Use information to Voltaire and The Enlightenment Essay form questions and verify predictions 1.C.1b Identify important themes and topics 1.C.1c Make comparisons across reading selections 1.C.1e Identify. Earth , Season , Sun 1907 Words | 7 Pages.

?Loves Seasons Spring Flowers bloomed across the green-grassed fields, vibrating a range of remarkably bright colours it was finally spring. . I stepped out of the car, shaking with excitement. I couldnt have asked for a better day. One step at a time I looked beside me, as I griped tightly onto the man who was my shoulder to cry on from the day I was born. I looked up to his dark brown eyes, alluring me into lewin's change theory nursing a deep stare, his eyes swelled and his smile grew as he held back the tears of complete. Eye color , Heart , Holds of Voltaire Enlightenment Essay Pern 1261 Words | 3 Pages. story?] Summer is a great time of the year for every person younger than eighteen because it is a time of year you have little to no . responsibilities.

You can sleep in, relax, hang out with friends or just do whatever you want all summer long. Essay Identifying Of Authentic! These are the reasons I love summer . My summer this year has been great because there was always something to Voltaire and The Essay do, whether it was playing games, to going to seeing a movie, to hanging out with friends. Theory! The majority of and The Enlightenment Essay every one of my summers is spent. Amusement park , Debut albums , Nintendo 2144 Words | 6 Pages. Summer Lovin Mornin Kell! says the punishment, clerk at the local grocery store. Good morning, Beck! I holler back while walking down the . stationary isle. Voltaire And The Essay! There is just something about a rural town that will never leave your memory. It could quite possibly be the quietness all day, every day or maybe it is the the house of mango, fact that everyone knows everyone on a first name bases. Coming home to Voltaire Enlightenment Essay Small Town USA was a break from the real world, or so you thought the real world. College life wasnt so bad. 2009 singles , English-language films , Pet Shop Boys 974 Words | 3 Pages.

Summer Roll (G?i cu?n) A summer roll or fresh roll (g?i cu?n) is a Vietnamese dish consisting of pork, shrimp, herbs, bun . (rice vermicelli), and other ingredients wrapped in rice paper. They are served at room temperature, and are not deep fried. Summer roll has gradually gained popularity among Vietnam's neighboring countries and in negative of corporal punishment, the West. Voltaire Enlightenment Essay! G?i cu?n are called by several different English names, including salad roll, fresh roll, fresh spring roll, and summer roll. Sometimes the.

Appetizers , Rice paper , Rice vermicelli 758 Words | 3 Pages. ?AP Microeconomics Summer Assignment Economics is a way of looking at the world and making rational decisions based on costs and benefits. . Essay About Elements! Wondering how?? Over the summer , please read the book, Naked Economics: Undressing the Dismal Science, by Charles Wheelan. As you read the book, take notes that will help you answer some important questions and Voltaire and The understand economic concepts. Your task is described below. Choose any five concepts discussed and analyzed by Wheelan. Genting Highland! (The concepts should be from.

Charles Wheelan , Cost , Economics 996 Words | 4 Pages. as most of people believe. Maybe if more people think objectively, they will find that the melting of the polar ice caps have a good function because frozen . regions of the earth may experience more plant growth. Also it could bring longer growing seasons to Enlightenment increase agricultural production in same areas. The impact of which evoke his death this may affect some species and may extinct them, but it is a natural process, like dinosaurs once extinct, maybe is Voltaire Essay, time for other species to extinct. Scientists have been quick. Climate , Earth , Extreme weather 638 Words | 3 Pages. Shall I Compare Thee to a Summers Day, Analsis. ? Literary Analysis Shall I Compare Thee to Summers Day? In analyzing Sonnet 18, Shall I Compare Thee to theory Summers Day?, . written by William Shakespeare it is Voltaire Enlightenment Essay, important to know some of the background information on this poet and genting in celsius playwright.

He wrote a hundred and Voltaire Enlightenment Essay fifty four sonnets, that cover three major themes: 1. how short every life is, 2. that beauty will always fade because it is not everlasting, and 3. the weaknesses of humans to give into earthy temptations. Of Mango! Most scholars refer. First Folio , Iambic pentameter , Romeo and Juliet 1236 Words | 4 Pages. Closed for the Season by, Anonymous Closed For the Season , written by Mary Downing Hahn, is Voltaire, a realistic fiction, and a . mysterious adventures book. The story takes place in the present and in a small town called Bealesville. Arthur and Logan are the protagonists because they are the effects punishment, main characters in the story and they're the one who solved the mysterious person who killed Myrtle Donaldson and what happened to the money.

Richard Disilvio is the antagonist because Mr. Disilvio (the name. Doctor , English-language films , What Happened 1091 Words | 3 Pages. Summer Vacation Summer vacation is one of the most exciting times of the year. Voltaire! Every year we go to the island of Surf City . in North Carolina. Surf City is a cool place and there are so many things that you can do. Maybe the reason why I like it so much is because of the change of scenery.

The greatness of the rhesus factor, mountains to the vastness of the ocean puts a person in awe. Summer vacation gives our family time to Voltaire and The Essay relax, and do things we want to do. Lewin's Change Theory Nursing! On the island there are. Catch and release , Fish , Fishing 616 Words | 3 Pages. Guidelines for Summer Placement (Summer Internship) GUIDELINES FOR SUMMER PLACEMENT ( SUMMER INTERNSHIP) Summer placement ( summer internship programme, . i.e., now popularly known as SIP), is an integral part of the academic curriculum of MBA. For the successful completion of the MBA programme, the students are required to complete the SIP.

After completion of the 1st year of the programme, i.e., after the 2nd semester and before the commencement of the second year of the programme, the students are required to work with an organisation for hands on. Business process reengineering , Intern , Management 883 Words | 3 Pages. Summer Severe Weather Geoff Coulson Warning Preparedness Meteorologist Environment Canada Sept 11 2009 ICLR Friday Forum 1 Contents . Ontario Storm Prediction Centre Forecasting Technology Watch/Warning Program A closer look at August 20th tornado outbreak 2 Ontario Storm Prediction Centre Toronto 3 Radar data 4 Weather Technology 5 Satellite Data 6 Computer Models 7 Forecast Area of Responsibility 8 Scale of a Summer Storm 9 . Meteorology , Severe weather , Storm 644 Words | 6 Pages. thing came from inter net is great. There are a few disadvantages that are related to Voltaire and The the inter net. For instance, many of the artists said . they lost billons because their work can be found on the for free. If You can get a movie or song for free why should go buy it. Even, after many rules still there is big number of people how can get from the negative effects punishment, inter net. Also, the people do not talk to each other as they used to Voltaire Enlightenment be.

When I went home in the summer , I was in place with 6 of my friend and every one. Culture , High culture , History of the Internet 864 Words | 3 Pages. Do you remember that feeling you'd get on the last day of school? Remember how excited you'd be to finally get to do those summer things like . ride bikes with your friends, stay up all night planning pranks, and chasing down the lewin's change nursing, ice cream man after dinner? These are just a few of my favorite memories from those long summer days. Now picture this.

It's a beautiful July day, perfect to Voltaire spend a few lazy hours by the pool, but instead you'll be in negative of corporal punishment, school. Okay, sure you could come home and relax in the. Anxiety , Arne Duncan , Barack Obama 1128 Words | 3 Pages. How does the Common Man enable the audience to understand the complexities of Mores character? Though A Man for All Seasons in itself is Voltaire, a . Rhesus Factor! complicated and sustained view into the lives of those surviving in England under a corrupt system, the Common Man is a vital element in Essay, the play that documents the inner struggles of a man torn between political realities of the day and his faith and rhesus factor knowledge of his own character. By acting as a make shift chorus, the Common Man is able to persuade the.

Audience , Audience theory , John Fisher 953 Words | 3 Pages.

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How to Write the Introduction of an Essay. I would dearly love to take the following set of words and engrave them on a large wooden bat: Hi. Im going to and The Enlightenment Essay, tell you about. Today Im going to change theory, write about. This is my essay on.

Since my professor told me I have to. The bat would have a prominent place in my classroom, mounted on the wall, so I could point to and The Enlightenment Essay, it, give a big toothy grin, and say, If any of you, at any time in your life, ever use these words again to begin an lewin's nursing, essayeven thirty years from nowI will hunt you down, wrap your essay around this bat, and use it to Voltaire Essay, give you a sharp reminder of this lesson.. This is, perhaps, a bit dramatic, but I feel it would clearly make the point. The first words of an essay are like a handshake or a cover letter for a resume; they create the first impression. If they are strong, confident and jovial, then you are setting yourself up for success. Lewin's Theory. If they put forward the Enlightenment Essay, metaphorical dead-fish hand, then youre work has been deeply injured, even if what follows is top-notch work. Introductions matter, and I have designed this article to provide a framework for which evoke as he how to write essay introductions that are clear, strong and Voltaire Essay, engaging. The concepts are applicable to the essays of middle school and high school writing all the about Identifying of Authentic, way up through writing in college and graduate school.

The Wrong Way to Write an and The, Essay Introduction. The phrases mentioned above, along with countless others, are the perfect way to the house, completely destroy your essay before it even begins. If you begin your essay with these words, or anything even remotely close to them, no one who is not being paid or who is not your mother will ever read your paperand even they will groan within themselves as they read. An introduction has two basic purposes: to introduce the topic of the essay in clear and Enlightenment Essay, concise terms. to engage the reader so they actually want to weather, read what you have to say. Sadly, many students address only the first of them. For the most part, this makes perfect sense. After all, the writers who really understand what it means to engage their readers are the professionals. Why? Because they know very well that their readers are their bread and butter and they will leave at a moments notice if the writing becomes dull. Students, on and The Essay the other hand, have a captive audience.

Teachers and professors are paid to read the work of their students, so why should the student care if their writing is engaging? Consider this situation, which both I and numerous other teachers and professors I know experience regularly: I assign a three to five page paper to a classroom of twenty-five students. A few weeks later, I now have a book of around one hundred pages to read, written by twenty-five different authors who are writing this because they have to, not because they want to, so their apathy is literally dripping off the pages. Imagine how I will react when I come across a student who finally takes the time to generate some genuine interest in the subject and catch my attention! This is Essay Identifying Elements why students should care. The wrong way to Enlightenment, begin an essay is to negative effects, simply and Voltaire Enlightenment Essay, dryly explain what the essay is about. While this is acceptable in elementary school, and perhaps up through a certain stage of middle school, it is rhesus factor unacceptable by late middle school, through high school and Enlightenment, most certainly at the collegiate level. Still, this kind of opening is all too common. An Essay Introduction Sample: The Wrong Way.

To make this discussion clear, here is a sample introduction written the wrong way. This is written at the level one might expect from a student in middle school or early high school. Punishment. These points are just as relevant to college students and adults, however, because, while the points a college student would make might be more nuanced and Voltaire and The Enlightenment, detailed, many still write introductions that follow the same basic pattern. Describe the major accomplishments of Abraham Lincoln during his presidency. PROMPT RESPONSE (INTRODUCTION ONLY): Abraham Lincoln accomplished many great things during his time as president of the United States. He saw the genting, United States through the Civil War, helping to keep the country from falling apart and Essay, signed the Emancipation Proclamation, freeing all the African Americans in the United States from slavery.

When things got tough, he encouraged his citizens and his troops through great speeches like The Gettysburg Address. And, finally, as both a political leader and a military leader, he led in a way that emphasized wisdom through shared responsibility and discussion. Abraham Lincoln was one of the great presidents of the United States. This introduction clearly establishes the purpose of the essay and lists many accomplishments of Abraham Lincoln during the Civil War. As such, it is genting both adequate and also painfully boring. Ninety percent of your class will write an Voltaire and The Enlightenment, essay introduction just like this onedont be one of them. The Right Way to about of Authentic, Write an Essay Introduction.

Catching the Readers Attention. A good essay begins with an invitation into a rich discussion. The writing is crafted in such a way that it sparks anticipation and excitement in the heart and and The, mind of the reader. Simply stating your opinion or the topic of the essay will never accomplish this. Engaging writing requires thoughtful attention to creating a hook for the reader. Hooks can be created in an infinite number of ways, but here is a list of approaches that often prove valuable. Note that this is a list that you have likely seen before (most schools provide such a list), but be sure to read on as it is in the implementation of these ideas that they either succeed or fail: Start with a thought-provoking quotation.

Start with a thought-provoking question. Theory. Tell a thought-provoking story. Voltaire. Make a surprising statement. Identifying Of Authentic Leadership. Present a simile or a metaphor to introduce your essay topic. Each of Voltaire and The Essay these options presents an approach to opening an the house street, essay that can work if it is implemented effectively. Of course, implementing them effectively is where things get tricky. A Thought-Provoking Quotation:

Depending on the topic of your essay and the resources you have available, it can be very effective to begin with a direct quotation from a relevant source on your topic that brings up key ideas or presents controversial opinions. You, as the and The, author, can then respond to them and highland weather in celsius, establish your position in relation to this statement. Be certain the and The Enlightenment Essay, quotation you choose directly relates to your chosen topic. A Thought Provoking Question. Opening essays with questions is dangerous because they only work if the question causes your reader to genuinely wonder about something. Simplistic or obvious questions turn your reader off, so try another approach unless you are sure you have a question that really ties your essay topic to something personal for the reader or to some intriguing idea in the world.

A Thought-Provoking Story. As a fiction writer, this is my personal favorite. There are two options available here. One approach is to tell a true story in close-up intimate detail that directly relates to your topic. The other option is to craft a story around the factual details of your topic and rhesus factor, helps to Essay, humanize ittaking your reader into the personal human experience of someone in a given situation related to negative effects of corporal punishment, your subject. Simply be sure to tell the story well and Enlightenment, dont forget to craft the story in such a way that it leads directly to Identifying, the central point of your essay.

Make a Surprising Statement. This one is also a tricky way to go unless you have come across a very striking fact or are dealing with a controversial subject. In order for and The Essay this approach to work, the statement must include something that will genuinely surprise the reader, which is difficult to do. Rhesus Factor. In addition to and The Enlightenment, shock value, the statement must also have direct relevance to your topic so that a strong transition can still be made into your central argument. Present a Simile or Metaphor. Similes and metaphors are among the most powerful linguistic devices available.

When used well, they can bring profound interest and insight to a given topic. Using them well is, of course, the hard part. The trick to using them well is be sure that the nature of the nursing, symbol you use shares a great deal in common with the subtleties of the topic you are discussing. The broader and more specific those connections are, the stronger its linguistic power. The very best way to use a simile or metaphor in an essay is to introduce it with the and The Essay, opening paragraph and then continue to weave the connections between the rhesus factor, symbol and and The Essay, the subject throughout the entire essay, eventually bringing the idea back together in rhesus factor, the conclusion to Essay, create a circular structure to the writing. This requires insightful thinking and hard writing work, but makes for which mood does tennyson evoke contemplates his death an exceptional essay.

Clearly Establishing Your Purpose. With your readers attention now in place, you must be certain that you also directly address the question or prompt to Voltaire and The Essay, which you have been asked to respond. A colorful and engaging opening story is all well and negative effects punishment, good, but it is worthless if it does not lead into a straight and Voltaire Enlightenment, clear statement of your thesis (also known as topic sentence or position statement). Keep in mind that, contrary to the house, what is often taught in elementary school, the opening paragraph does not necessarily require a complete listing of the main points of your essay, though that can be helpful at times. The only Voltaire and The, non-negotiable requirement for which mood does an introduction is a direct and Voltaire and The Enlightenment, clear statement of purpose somewhere within that first paragraph. With more creative openings, it generally occurs near the close of the first paragraph, anticipating the deeper explanations that take place in rhesus factor, the body paragraphs of the essay. Feel free to be creative, but do not forget to directly address the question you have been asked! Practical Pointers for Writing a Strong Introduction. Here is a collection of and The thoughts to keep in mind as you begin to craft your essay introduction: Remember that the audience is always right.

Particularly if your audience is a teacher or a professor, it is essential that you check with the instructor first before trying anything too crazy and creative. Creativity in an academic essay only works when it functions within the expectations of your professor or teacher. Change. Be careful! Open with a creative hook that leads directly to your thesis statement. Do not get lost in the creativity! Making an essay interesting to read can be immensely valuable, but never lose sight of the fact that you are writing an Voltaire Essay, essaycertain points must be clearly made and certain details must be directly addressed. Be clear on what they are and check for them! An Essay Introduction Sample: The Right Way. Once again, to make this discussion clear, here is negative punishment a sample introduction that that models the effective use of Voltaire Enlightenment Essay one of the hook techniques followed by a clear thesis statement. Rhesus Factor. This conclusion is also written from the perspective of Enlightenment a late middle school or early high school student.

More advanced writers should follow the same approach using deeper and more nuanced language. Describe the Essay, major accomplishments of Abraham Lincoln during his presidency. PROMPT RESPONSE (INTRODUCTION ONLY): He stood on a grassy hill beneath a clear blue sky in the soft breeze of spring. Around him, the birds chattered in Enlightenment Essay, the trees, completely oblivious. They did not see the highland weather in celsius, stains that lay strewn across the field. Voltaire. They paid no attention as the change nursing, men, with grim and dirty faces, removed the Voltaire Enlightenment Essay, last of the bodies. They were childrenor, at least, they seemed so to him. Lewin's Change. His countrymen killing one another. He closed his eyes and sighed. At that moment, he did not know that, with the help of his decisions and Enlightenment, the influence of his character on negative effects those around him, the slaves would soon be free and the Union would be restored.

He did not understand how history would remember Abraham Lincolnas one of the greatest presidents in American history. Notice how the story is written to engage the heart of the reader and lead directly into a statement about the and The Enlightenment Essay, great accomplishments of the house Abraham Lincoln during his presidency. This catches the and The Essay, readers attention and directs it, preparing him for what comes next. This is the purpose of an introduction. Learn to craft introductions that catch your reader and about Identifying Leadership, lead him into the heart of what you have to say.

How to Write a Personal Experience Essay With Sample Papers. by Virginia Kearney 17. Tips for Writing a Descriptive Essay. How to Voltaire Enlightenment, Write a Great Topic Sentence. by Virginia Kearney 37. Argumentative Essay Topic Ideas and the house, Writing Prompts.

Easy Words to Use as Sentence Starters to Write Better Essays. by Virginia Kearney 123. Easy Argumentative Essay Topics for Voltaire and The Enlightenment College Students. by Virginia Kearney 5. 100 Cause and Effect Essay Topics. by Virginia Kearney 37. wayseeker 2 years ago from Colorado. They are unquestionably the best teachers! Thanks for reading, Mary Norton 2 years ago from Ontario, Canada. I certainly saw the difference between your 2 examples of genting highland weather introductions.

Examples really work. Thank you. wayseeker 2 years ago from Colorado. Wow. The wife of Doctor Who--pretty amazing! (Heh, heh.) I'm so please that this article was useful. Thanks for reading! You used the incorrect version of your. the metaphorical “dead-fish” hand, then you’re work has been deeply injured, even if what follows is top-notch work.

:) Love this article! It's amazing, and Voltaire Enlightenment, it has helped me with me writing SOOO much. wayseeker 3 years ago from rhesus factor Colorado. Alex Writer 3 years ago from New York, New York. wayseeker 4 years ago from Colorado. Thank you so much for stopping in. This lesson has done a lot of good things for my students over the years. Devika Primic 4 years ago from Dubrovnik, Croatia. Brilliantly written and explained writing an essay takes time and patience. wayseeker 5 years ago from Colorado. Thanks for Essay stopping in.

How to Write the of mango, Body of an Essay will be coming out shortly, completing this first part of this series. Thanks for taking the time to read! Akhil S Kumar 5 years ago from Voltaire and The Enlightenment kerala. yup..waiting for another hub. wayseeker 5 years ago from rhesus factor Colorado.

Thanks again for stopping in. These writing lessons are some of the basic things I teach every year--and reteach over and over Voltaire and The, again. For those who get it, it definitely makes a difference. Negative Effects Punishment. I so appreciate your enthusiasm for my work and your willingness to share it around. I hope that it serves your students well! Marcy Goodfleisch 5 years ago from Planet Earth. Excellent information! I will be sharing this with my students - I completely agree with you on how not to start an essay! As always, this is well-written and full of great information.

Voted up and up! wayseeker 5 years ago from Colorado. Huzzah! Looks like the readers are responding in the right way. Thanks so very much. wayseeker 5 years ago from Colorado. Thanks for the positive review!

I use these ideas all the time when I write my own hubs. And The Enlightenment Essay. Honestly, they apply to any nonfiction writing you might want to do. I might consider specifically mentioning that within the hub, because it would certainly work for hubbers, too. My sincere thanks for taking the time to read, wayseeker 5 years ago from Colorado. Your work is most definitely something worth reading! I definitely appreciate the sharing, and I hope that you and others are able to change theory nursing, find it useful. Happy writing, and I'll see you next month. Akhil S Kumar 5 years ago from kerala. Something worth reading!

Kim Lam 5 years ago from California. A very helpful hub and beautifully presented. I like the final example at the end. I wonder if this tutorial can also be applied to writing an intro of a hub article as well? Ann Leung 5 years ago from San Jose, California. This hub looks like for me. I hope my readers will react the Voltaire, same Something worth reading! to my hubs. Another useful hub!

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