Commonwealth v. Provost

After trial before a jury of six in a District Court, the defendant was convicted of three counts of vehicular homicide, G. L. c. 90, § 24G, and one count each of driving under the influence of intoxicating liquor, G. L. c. 90, § 24(1)(a), driving to endanger, G. L. c. 90, § 24(2) (a), and failing to stay to the right of the road, G. L. c. 89, § 1. Prior to trial, the defendant moved to dismiss all six complaints on the ground that the State police officer who investigated the accident had failed to issue citations under G. L. c. 90C, § 2, until twenty-seven days after the violations…