Commonwealth v. Mullins

The defendant was found guilty in the First District Court of Eastern Worcester of speeding and failure to slow when approaching a pedestrian. He appealed to the Superior Court, where he moved to dismiss the complaints on the ground that he was not given a citation at the time and place of the alleged violations, as generally required by G. L. c. 90C, § 2, and that none of the statutory exceptions to that general requirement was applicable.

The third paragraph of § 2 of G. L. c. 90C, as amended by St. 1968, c. 725, § 2, provides that the “failure to give the original of the citation to the…