Commonwealth v. Correia
83 Mass. App. Ct. 780
| Mass. App. Ct. | 2013Background
- Off-duty State Trooper observed defendant speeding (estimated up to 50 mph) on dirt roads in Myles Standish State Forest where limits were 10–20 mph; trooper had to pull off road to avoid collision.
- Trooper, not in uniform and without citation book, followed defendant to a nearby facility; initially defendant was uncooperative but later identified himself and produced license.
- Trooper informed defendant (and his supervisor) he would issue a citation for operating so as to endanger (criminal) and for speeding (civil).
- Trooper did not issue a physical citation at the scene because he lacked his citation book and was off duty; he completed the citation at home that evening.
- Trooper returned to duty two days later and delivered the citation in hand to defendant at 7:00 a.m. on the first shift he worked after returning.
- Defendant moved to dismiss under G. L. c. 90C, § 2 (requiring citation delivery at time/place of violation unless an exception applies); trial judge denied the motion and conviction was appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delivery two days later by an off-duty officer violated G. L. c. 90C, § 2 | Commonwealth: delay excused because officer acted with reasonable promptness and statute's purposes were not frustrated | Defendant: failure to give citation at scene violates §2; dismissal required regardless of prejudice; delay unacceptable | Affirmed: delivery two days later at start of officer’s next shift was reasonably prompt and falls within §2 exception |
Key Cases Cited
- Commonwealth v. Pizzano, 357 Mass. 636 (off-duty trooper who delivered citation next day — delay justified as circumstance consistent with §2)
- Commonwealth v. Cameron, 416 Mass. 314 (three-day delay excused where officer’s handling justified and statute’s purposes not thwarted)
- Commonwealth v. Mullins, 367 Mass. 733 (failure to deliver citation at scene shifts burden to Commonwealth; absence of prejudice does not cure statutory violation)
- Commonwealth v. Babb, 389 Mass. 275 (§2 does not require dismissal where delay is justified and statutory goals remain intact)
- Commonwealth v. Provost, 12 Mass. App. Ct. 479 (delay may be excused when investigative complexity or off-duty periods are reasonable and do not undermine §2 purposes)