Commonwealth v. Werra

*610 This case requires us to determine whether the issuance of a citation for operating a motor vehicle under the influence of intoxicating liquor (OUI-liquor), G. L. c. 90, § 24(1)( a )(1), that was not issued contemporaneously with the incident from which it arose, falls into the third exception of the so-called "no-fix" statute, G. L. c. 90C, § 2.

The following uncontested facts are taken from the judge's findings, supplemented by documentary evidence in the record. On July 22, 2015, the defendant was stopped by Trooper Michael Donahue of the State Police. The Commonwealth alleges on that date…