Legal Opinion

Commonwealth v. Cyr

Massachusetts Superior Court

Decided October 7, 2010No. 10148Published

1Opinion of the Court

Lu, John T., J.

I.INTRODUCTION

The defendant, William Cyr (Mr. Cyr), moves to dismiss claiming that police violated the so called no-fix traffic citation statute requiring that Mr. Cyr receive a copy of the traffic citation at the time and place of the violation or within the time reasonably necessary to determine the violation.

The court finds that the approximately 14-day delay was not justified as to the indictment for operating after suspension and dismisses that indictment. However, as to the indictments for subsequent offender operating under the influence of alcohol offenses, the court…

2Cases cited6 opinions

  1. Commonwealth v. PappasMassachusetts Supreme Judicial Court · 1981
  2. Commonwealth v. ClintonMassachusetts Supreme Judicial Court · 1978
  3. Commonwealth v. PerryMassachusetts Appeals Court · 1983
  4. Commonwealth v. MullinsMassachusetts Supreme Judicial Court · 1975
  5. Commonwealth v. MarchandMassachusetts Appeals Court · 1984

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