Commonwealth v. Jackson

At the second call of the trial list, the defendant answered that he was prepared to go forward on complaints charging him with operating a motor vehicle while under the influence of intoxicating liquor, speeding, failing to stay within marked lanes, and driving so as to endanger the safety of the public. The prosecutor responded that she would need a continuance as the arresting officer was on active duty with the National Guard. The judge dismissed the complaints on his own motion without indicating whether the dismissals were with prejudice. As there was no showing of misconduct by the…