Massachusetts No-Fix Law – Grounds for Dismissal in OUI Cases
A driver who is stopped by police for operating under the influence will either be placed under arrest, or will be charged with an OUI. In a case where a driver is not placed under arrest, a citation provides notice of an OUI charge.
In Massachusetts, there is a statute referred to as the “no-fix” statute. This statute requires that, in most circumstances, a citation for a motor vehicle violation must be given to the driver at the time and place of the offence. The goal of this statute is to provide imitate notice to the driver and to prevent police tampering, or “fixing” of the ticket after the fact. Poor policing resulted in fixing tickets as personal favors, or making the decision to ticket a person on retaliatory or other illegitimate purposes.