marked lanes violation in Massachusetts

2023See Commonwealth v. Elliffe, 47 Mass. App. Ct. 580, 583-584 (1999).3 3 The fact that the judge ultimately found the defendant not responsible on the marked lanes violation has no bearing on whether the jury could have found that the defendant crossed over the lane or whether the judge should have allowed the defendant's motion for a required finding of not guilty.

2023See Commonwealth v. Virgilio, 79 Mass. App. Ct. 570, 573 (2011) ("presence of street lights, hydrants, curbing, and paving" support inference of public way); Commonwealth v. Cabral, 77 Mass. App. Ct. 909, 910 (2010) (sufficient evidence of public way where there was street sign on corner and officer testified city maintains street).

2023See Commonwealth v. Virgilio, 79 Mass. App. Ct. 570, 573 (2011) ("presence of street lights, hydrants, curbing, and paving" support inference of public way); Commonwealth v. Cabral, 77 Mass. App. Ct. 909, 910 (2010) (sufficient evidence of public way where there was street sign on corner and officer testified city maintains street).

2018See, e.g., Commonwealth v. Coleman , 390 Mass. at 810 (impermissible for judge to consider defendant's uncharged perjury during trial in sentencing); Commonwealth v. Ortiz , 39 Mass. App. Ct. 70 , 72-73 (1995) (improper for judge to comment on witness credibility in jury instructions).

2016So ordered. 1 Neither party on appeal challenges the judge’s factual findings, which we accept “absent clear error.” Commonwealth v. Eckert, 431 Mass. 591, 592 (2000). 2 The citation is dated November 24, 2013, the date of the accident. 3 At the healing on the motion to dismiss, the officers testified that no further investigation was conducted after the accident scene had cleared and the citation for operating after suspension and a marked lanes violation had issued. 4 The prosecutor obtained the defendant’s medical records by filing a motion in the Superior Com! on March 7, 2014, requesting

2016On March 10, 2014, a Superior Court judge allowed the motion, and on April 3, 2014, Baystate delivered the records to the Superior Court clerk’s office. 5 See, e.g., Provost, supra at 482-483, 485 (twenty-day investigation into serious collision, followed by seven-day delay caused by officer “analyzing] and integrating] information already collected,” justified); Commonwealth v. Perry, 15 Mass. App. Ct. 281, 283 (1983) (no undue delay where citation “was prepared as soon as the investigation and assembly of the facts, including the fact of the death, permitted”); Commonwealth v. Gammon, 22 Mas

2016On March 10, 2014, a Superior Court judge allowed the motion, and on April 3, 2014, Baystate delivered the records to the Superior Court clerk’s office. 5 See, e.g., Provost, supra at 482-483, 485 (twenty-day investigation into serious collision, followed by seven-day delay caused by officer “analyzing] and integrating] information already collected,” justified); Commonwealth v. Perry, 15 Mass. App. Ct. 281, 283 (1983) (no undue delay where citation “was prepared as soon as the investigation and assembly of the facts, including the fact of the death, permitted”); Commonwealth v. Gammon, 22 Mas

2016On March 10, 2014, a Superior Court judge allowed the motion, and on April 3, 2014, Baystate delivered the records to the Superior Court clerk’s office. 5 See, e.g., Provost, supra at 482-483, 485 (twenty-day investigation into serious collision, followed by seven-day delay caused by officer “analyzing] and integrating] information already collected,” justified); Commonwealth v. Perry, 15 Mass. App. Ct. 281, 283 (1983) (no undue delay where citation “was prepared as soon as the investigation and assembly of the facts, including the fact of the death, permitted”); Commonwealth v. Gammon, 22 Mas

2005In United States v. Perkins, 348 F.3d 965, 967-968 (11th Cir. 2003), a police officer stopped a motorist for a marked lanes violation, and the driver produced a valid out-of-State driver’s license and insurance information, which revealed nothing remarkable during a routine driver’s license and warrant check.