violation shall constitute defense (Massachusetts) · Go Syfert
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violation shall constitute defense in Massachusetts

7 Massachusetts opinions name it 3 courts 1997–2025 1 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Burnhamgreen
massappct · 2016 · cited in 2 Massachusetts opinions naming this issue, 2018–2025
2 sentences

2025Commonwealth v. Burnham, 90 Mass. App. Ct. 483, 485 (2016), quoting Commonwealth v. Provost, 12 Mass. App. Ct. 479, 484 (1981).

2018When we apply the third exception, we consider "the two fundamental purposes of the statute: (1) prevention of 'manipulation and misuse' of citations; and (2) 'prompt and definite notice' to the alleged violator of the nature of the offense." Commonwealth v. Burnham , 90 Mass. App. Ct. 483 , 485 (2016), quoting from Commonwealth v. Pappas , 384 Mass. 428 , 431 (1981).

12
Commonwealth v. Provostgreen
massappct · 1981 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025Commonwealth v. Burnham, 90 Mass. App. Ct. 483, 485 (2016), quoting Commonwealth v. Provost, 12 Mass. App. Ct. 479, 484 (1981).

11
Commonwealth v. Santanagreen
mass · 1995 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015In such case the violation shall be recorded upon a citation as soon as possible after such violation and the citation shall be delivered to the violator or mailed to him at his residential or mail address or to the address appearing on his license or registration as appearing in registry of motor vehicles records." 9 General laws c. 90C, § 3 (A) (1), provides, in pertinent part: "If a police officer observes or has brought to the officer's attention the occurrence of a civil motor vehicle infraction, the officer may issue a written warning or may cite the violator for a civil motor vehicle in

11
Commonwealth v. Clintongreen
mass · 1978 · cited in 1 Massachusetts opinions naming this issue, 1997–1997
1 sentence

1997In Commonwealth v. Clinton, 374 Mass. 719, 721 (1978), the court, construing an earlier version of § 2, concluded that the failure to deposit requests for complaints in the appropriate District Court within the time specified in § 2, as amended through St. 1968, c. 725, § 3, required their dismissal.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Commonwealth v. Pappas green
mass · 1981
2 sentences

2018When we apply the third exception, we consider "the two fundamental purposes of the statute: (1) prevention of 'manipulation and misuse' of citations; and (2) 'prompt and definite notice' to the alleged violator of the nature of the offense." Commonwealth v. Burnham , 90 Mass. App. Ct. 483 , 485 (2016), quoting from Commonwealth v. Pappas , 384 Mass. 428 , 431 (1981).

2018In such case the violation shall be recorded upon a citation as soon as possible after such violation ...." 3 In 1965, then Governor John A. Volpe proposed what has been referred to as the "no-fix" provision, in response to the concern **70 that "[t]he nature of traffic citations renders them uniquely suited to manipulation and misuse." Commonwealth v. Pappas , 384 Mass. 428 , 431, 425 N.E.2d 323 (1981), citing 1965 Senate Doc.

22018–2018
Commonwealth v. O'Leary green
mass · 2018
2 sentences

2019Commonwealth v. O'Leary , 480 Mass. 67 , 70, 101 N.E.3d 271 (2018), quoting 1965 Senate Doc.

2019Commonwealth v. O'Leary , 480 Mass. 67 , 70, 101 N.E.3d 271 (2018), quoting 1965 Senate Doc.

12019–2019
Town of Reading v. Murray green
mass · 1989
1 sentence

2001Murray, supra at 417 .

12001–2001

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 90C, § 2 (7) MA § Mass. Gen. Laws ch. 90, § 24 (4) MA § Mass. Gen. Laws ch. 90C, § 3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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