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Commonwealth v. Valiton

11/17/2000

e suspension for offenders under the age of twenty-one years, G. L. c. 90, ? 24D, are clear evidence of the Legislature's intent to address directly the contributions of children to this challenge to public safety.


We resolve summarily the defendant's final argument that his prior disposition as a juvenile does not meet the "like violation" requirement of G. L. c. 90, ? 24. Under the ordinary reading of "like violation," a prior offense is a like violation for the purpose of G. L. c. 90, ? 24 (1) (a) (1), where the subsequent offense constitutes the same conduct as the earlier. Commonwealth v. Corbett, 422 Mass. 391, 396 (1996). It is irrelevant that the defendant was subject to different dispositional options for his juvenile offense; for both his violation as a juvenile and his violation as an adult the Commonwealth was required to prove the same elements to establish a violation of the statute for operating a motor vehicle while under the influence of intoxicating liquor. G. L. c. 90, ? 24.


The defendant's conviction pursuant to G. L. c. 90, ? 24 (1) (a) (1), is affirmed.


So ordered.






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