June 16, 2009

• Steven Topazio wrote this April 27, 2014 at 4:01 am

On 12/14/06, the defendant’s motor vehicle was observed by Boston Police for (1) failing to stop for a police officer, (2) speeding and (3) operating a motor vehicle negligently. On 12/14/06 a motor vehicle citation (citation #1) alleging (1) failure to stop, (2) operating to endanger and (3) speeding was written but not mailed or given to the defendant. The original citation (citation #1) was filed with the Court. The defendant who was not arrested nevertheless received in the mail motor vehicle citation (citation #2) on or about 12/28/06 only alleging non-criminal motor vehicle violation of Failure to Stop which he paid $100.00 to the Registry of Motor vehicles on 02/02/07. Both Citations were issued purporting to be in compliance with the requirement of G.L. c. 90C, §2, but only (citation #2) issued on or about 12/28/06 was mailed to the defendant. Since the defendant never answered on (citation #1) he was defaulted by the court. After the defendant was arraigned on the criminal charges, Attorney Topazio was hired. Attorney Topazio attacked the pending criminal charges by filing a Motion to Dismiss the complaint pursuant to G.L. c. 90C, § 2, which section of the General Laws allows a Court to dismiss the pending criminal charges when a defendant is not giving a copy of the citation at the time and place of the violation which according to statute “shall constitute a defense at any court proceeding for such violation…” Today, Attorney Topazio over the Commonwealth’s objection convinced the Court to dismiss all charges against his client pursuant to G.L. c. 90C, § 2 the so called “No-Fix” statute.