Legal Opinion

Commonwealth v. Riley

Massachusetts Appeals Court

Decided August 30, 1996No. 95-P-1777PublishedCited by 6 opinions

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

  1. Pentucket Manor Chronic Hospital, Inc. v. Rate Setting CommissionMassachusetts Supreme Judicial Court · 1985
  2. Luk v. CommonwealthMassachusetts Supreme Judicial Court · 1995
  3. Commonwealth v. GriseMassachusetts Supreme Judicial Court · 1986
  4. Commonwealth v. CameronMassachusetts Supreme Judicial Court · 1993
  5. Commonwealth v. FedericoMassachusetts Supreme Judicial Court · 1968

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3Cited by6 opinions

  1. Commonwealth v. BurnhamMassachusetts Appeals Court · 2016
  2. Commonwealth v. WilliamsMassachusetts Appeals Court · 2009
  3. Commonwealth v. SteadwardMassachusetts Appeals Court · 1997
  4. Commonwealth v. KenneyMassachusetts Superior Court · 1997
  5. Commonwealth v. O'LearyMassachusetts Appeals Court · 2017

1 more not listed; retrieve them via the Exa API.

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