Commonwealth v. Hampe

A judge of the District Court sitting in the jury-of-six session reported the following two questions to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979): “(1) Whether it is a violation of statutory or [constitutional rights for an individual who is arrested . . . for operating under the influence of alcohol when courts are not in session to be denied access to a bail commissioner and held over night; and (2) [i]f so, is the proper remedy dismissal of the charge?”1 We transferred the case here on our own motion. Our responses to these questions are: Question 1, “Yes,…