June 25, 2017

Massachusetts Uniform Citation – “Criminal Application” was not signed/certified by the police officer, will it be dismissed?

Additional Information:

I was issued a Massachusetts Uniform Citation – “Criminal Application” for OUI-Drugs and not arrested on scene. The criminal citation was not signed/certified by the police officer who issued it. In the space titled “OFFICER CERTIFIES” he checked off “MAILED TO VIOL.” and wrote in only his badge number but not his signature. What are the chances this will be dismissed at the Clerk’s Hearing based on this technicality?

ATTORNEY ANSWER:

Very unusual for you not to be arrested on scene for an alleged OUI drugs. What evidence could they possibly have that you were under the influence? Unlikely the matter would be dismissed on that technicality. Depending on the circumstances you could file a motion to dismiss based on the fact that the citation was not issued to you immediately, but rather several days later by mail. I would need to know more about the facts. OUI drugs cases are very hard for the government to prove, particularly when you were not arrested. You should fight that case tooth and nail.

Riddle & Associates’ criminal defense lawyers serve the Central Massachusetts region including the areas of Lunenburg, Leominster, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.

RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Worcester County Criminal Defense Lawyers
603 Massachusetts Avenue, Suite 2
Lunenburg, Massachusetts

Email Us | Office Directions