Commonwealth v. Weiss

The question presented in this appeal is whether chapter 90C, §3 (a) (4), which permits the police to appeal a Magistrate’s not responsible finding on a civil motor vehicle infraction (CMVI) for a de novo hearing before a judge, is fundamentally unfair, violates double jeopardy, due process, or the separation of powers doctrine.1 On February 6,2002, on Route 91 in Greenfield, Trooper Erik R. Baldwin stopped the appellant, Ronald P. Weiss, and cited him for a marked lane violation (c. 89, §4A) and for following too closely [720 CMR 9:06(7)]. Weiss requested a hearing which was scheduled for…