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COMMONWEALTH v. O'LEARY

SJC-12445.

480 Mass. 67 (2018)

COMMONWEALTH v. RICHARD O'LEARY.

Supreme Judicial Court of Massachusetts, Norfolk.

July 12, 2018.

Attorney(s) appearing for the Case

Douglas T. Babcock for the defendant.

Pamela Alford, Assistant District Attorney, for the Commonwealth.

Present: GANTS, C.J., GAZIANO, LOWY, BUDD, & CYPHER, JJ.

The defendant, Richard O'Leary, asks this court to determine whether the Commonwealth met its burden of proving compliance with the citation requirement of G. L. c. 90C, § 2, which mandates the issuance of a traffic citation "at the time and place of the violation," despite the fact that a State police trooper did not issue a traffic...

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