Commonwealth v. Roviaro

The Commonwealth appeals from an order of a District Court judge, following an evidentiary hearing, allowing the defendant’s motion to dismiss a complaint for operating a motor vehicle while under the influence of alcohol so as to cause “serious bodily injury.” G. L. c. 90, § 24L(2), inserted by St. 1986, c. 620, § 17. The basis of the motion1 was that the police failed to make timely delivery of the citation pursuant to G. L. c. 90C, § 2 (1988 ed.) (the citation issued fifty-four days after the incident).2 The" judge ruled as matter of law that the Commonwealth did not carry its *957burden to…