Legal Question in DUI Law in Massachusetts
i never got served a citation when i went to clerks office to find out why charges were filed said i was sent a copy and i did not reply i went to clerks office all original citatitations were there i live in ma. any suggestions
3 Answers from Attorneys
It appears you may have done some research and know already that the police are required to issue you a citation at the time of the alleged infraction. While there are certain exceptions to the rule, if they failed to follow the requirements of the statute you may be able to get your case dismissed.
Has the complaint already issued, or is it scheduled for a show cause hearing with the clerk? Either way, you would benefit greatly from speaking with an attorney.
If it was a clerk's hearing, you or your attorney should ask the Court to remand it to a clerk's hearing for the reasons stated.
Retain an attorney and confide only in that attorney, as you may have grounds for a dismissal.
Good Luck!
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