Massachusetts Appeals Court December 7, 2001, No. 98-P-2144 (Commonwealth v. Carnell)

Rapoza, J.

A jury convicted the defendant of operating a motor vehicle while under the influence of intoxicating liquor. On appeal, he argues that the failure to cure testimony incorrectly asserting that he refused to take a blood test following his arrest constituted reversible error. We agree and reverse the conviction.

Facts. The jury could have found the following facts.