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Appeals court asked to weigh bounds of police testimony about field-sobriety training and impairment
Summary
In Commonwealth v. Aguilar, the defense argued police testimony and prosecutorial framing linked officers’ training to the ultimate issue of ability to drive, requiring a model jury instruction; the Commonwealth said testimony was factual and not expertized and that jury instructions sufficed.
Ann Maurrer argued the trial court erred by permitting testimony and argument that, when taken together, allowed the jury to treat officers’ training and field-sobriety administration as proxy expert opinion about whether the defendant could safely operate a motor vehicle. Maurrer pointed to testimony where an officer described field-sobriety…
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