Police respond to scene of single car crash finding pickup truck in roadway after it struck rock wall. Police note strong odor of alcohol and driver’s difficulty with balance. Client refuses field sobriety tests and the post arrest breath test. Refusal evidence inadmissible in MA. Although driver admitted to being driver of truck and no other persons on scene, evidence at trial does not include admission and further lacks evidence tying client to vehicle and its’ operation. No percipient witness to crash. Prosecution fails to establish “operation” beyond a reasonable doubt. Not Guilty verdict following trial.