Commonwealth v. Pappas

On September 3,1980, a District Court judge dismissed complaints against James Pappas charging negligent motor vehicle homicide, operating a motor vehicle while under the influence of intoxicating liquor, and driving to endanger. The judge dismissed the complaints because he concluded that the failure of police officers to issue a citation at the time and place of the violation was contrary to G. L. c. 90C, § 2. The Commonwealth appealed to the Appeals Court and we transferred the case to this court on our own motion. We reverse.

In support of the defendant’s motions to dismiss the complaints,…