Commonwealth v. Riley
Massachusetts Appeals Court
1Opinion of the CourtPorada, J.
The sole issue presented by this appeal1 is whether a private citizen’s complaint against the defendant for operating a motor vehicle while under the influence of alcohol was barred by a police officer's failure to issue the defendant a timely citation for this offense. A District Court judge concluded that the complaint was barred and allowed *235the defendant’s motion to dismiss on the ground that the complaint was used as an “artifice” to circumvent the provisions of G. L. c. 90C, § 2. We agree and affirm the judgment of dismissal.
We summarize the undisputed facts garnered from the record. On…
2Cases cited7 opinions
- Pentucket Manor Chronic Hospital, Inc. v. Rate Setting CommissionMassachusetts Supreme Judicial Court · 1985
- Luk v. CommonwealthMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. GriseMassachusetts Supreme Judicial Court · 1986
- Commonwealth v. CameronMassachusetts Supreme Judicial Court · 1993
- Commonwealth v. FedericoMassachusetts Supreme Judicial Court · 1968
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3Cited by6 opinions
- Commonwealth v. BurnhamMassachusetts Appeals Court · 2016
- Commonwealth v. WilliamsMassachusetts Appeals Court · 2009
- Commonwealth v. SteadwardMassachusetts Appeals Court · 1997
- Commonwealth v. KenneyMassachusetts Superior Court · 1997
- Commonwealth v. O'LearyMassachusetts Appeals Court · 2017
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