Lawyers tell SJC evidence was insufficient to prove ‘operation’ in OUI conviction

At oral argument before the Supreme Judicial Court, defense attorney Genevieve Henrique asked justices to reverse Michael J. Wurzberger’s conviction for operating a motor vehicle under the influence, saying the record contained no evidence linking intoxication to any act of driving.

Henrique summarized the facts: two men had been camping in a U-Haul van in a beach parking lot for several days, cooking and living out of the van; when police approached one man was seated in the driver’s seat, "the keys were in the ignition, engine was not turned on and the radio was playing." She said the truck was parked so close to a tree that a door could not be opened, and argued the record contains no timeline tying intoxication to the act of moving the van.

The defenses central contention was that the only evidence the trial judge cited in denying a directed verdict was the defendants position in the…