Massachusetts Appeals Court December 9, 2002, No. 00-P-1498 (Commonwealth v. Nicholson)

This is an interlocutory appeal by the Commonwealth from a District Court judge’s allowance of the defendant’s motion to dismiss. The charge, alleging that the defendant operated a motor vehicle while under the influence of alcohol (OUT), was dismissed on the ground that the police officer made an invalid extraterritorial arrest of the defendant.