Legal Opinion

Commonwealth v. Burnham

Massachusetts Appeals Court

Decided October 13, 2016No. AC 15-P-826PublishedCited by 7 opinions

1Opinion of the CourtNeyman, J.

The defendant, Christopher J. Burnham, was involved in a single-car accident, and indicted for operating a motor vehicle while under the influence of intoxicating liquor (OUI), subsequent offense. The defendant filed a motion to dismiss the charge, claiming that the citation for OUI was not issued in compliance with G. L. c. 90C, § 2. Following an evidentiary hearing, a Superior Court judge allowed the motion.

The sole issue on appeal is whether the issuance of a citation to the defendant, more than four and one-half months after the police officers had concluded their investigation, violated…

2Cases cited13 opinions

  1. Commonwealth v. EckertMassachusetts Supreme Judicial Court · 2000
  2. Commonwealth v. BabbMassachusetts Supreme Judicial Court · 1983
  3. Commonwealth v. PappasMassachusetts Supreme Judicial Court · 1981
  4. Commonwealth v. PerryMassachusetts Appeals Court · 1983
  5. Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1969

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3Cited by7 opinions

  1. Commonwealth v. O'LearyMassachusetts Supreme Judicial Court · 2018
  2. Commonwealth v. WerraMassachusetts Appeals Court · 2019
  3. Commonwealth v. CopelandMassachusetts Appeals Court · 2018
  4. Commonwealth v. O'LearyMassachusetts Appeals Court · 2017
  5. Commonwealth v. RayMassachusetts Appeals Court · 2019

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