Commonwealth v. Mongardi

The defendant was given a citation by a police officer under G. L. c. 90C, §§ 2 and 3, for following too closely, failing to use seatbelts (prior to the repeal of the law requiring their use), and speeding. The citation stated that the allegations were to be treated as civil motor vehicle infractions. A clerk-magistrate of the District Court in Westborough found the defendant responsible on the three allegations, and the defendant appealed for a de novo hearing before a District Court judge. Prior to that hearing, the defendant moved “for a civil jury trial of the allegations contained in . .…