The Massachusetts Supreme Judicial Court affirmed the dismissal of an OUI charge by a Superior Court judge after the officer did not issue a citation until 9 days after and the defendant did not receive notice until five or six months later.
The defendant in Commonwealth v. O’Leary was indicted on an OUI subsequent offense, meaning that it was greater than a Fourth offense. His case involved a common situation that Massachusetts OUI Lawyers encounter. He got into a one car accident and was taken to the hospital. When the officer got to the hospital it appeared as though O’leary was intoxicated. He admitted to a couple of beers, had bloodshot and glassy eyes as well as slurred speech.
The officer informed the defendant that he would receive a summons in the mails for OUI. The officer had to seek approval of the report and did not issue the summons until nine days later. This was an important fact that came out at the motion hearing as the motion judge found no good reason for the nine day delay.