Commonwealth v. Mongardi

Mass. Dist. Ct., App. Div.

Commonwealth v. Mongardi

1987 Mass. App. Div. 106, 1987 Mass. App. Div. LEXIS 15

CourtMassachusetts District Court, Appellate Division

DecidedJune 4, 1987

StatusPublished

This text of 1987 Mass. App. Div. 106 (Commonwealth v. Mongardi) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Mongardi, 1987 Mass. App. Div. 106, 1987 Mass. App. Div. LEXIS 15 (Mass. Ct. App. 1987).

Pincite

Opinion

Dohoney, J.

This case involves an appeal pursuant to General Laws, Chapter 90C concerning civil motor vehicle infractions. The defendant was charged with following too closely, failure to use seatbelts (prior to its repeal), and speeding. The defendant was found responsible on all allegations by the Clerk-Magistrate, appealed to a Justice, and was found responsible on all allegations by the Justice.

The only claim raised by the defendant is his inability to obtain a jury trial. Originally all violations of motor vehicle laws were criminal in nature, and every defendant was thereby entitled to a trial by jury. Gradually, the General Court began to classify some of these matters as “civil” and has made trial by jury less available. The most recent legislative changes have completely [107]*107eliminated the right to a jury trial. See Stat. 1985, Ch. 794. Recognizing the strong presumption in favor of the constitutionality of legislative enactments (See Verrochi v. Comm., 394 Mass. 633 (1985), and recognizing the constitutionality of “civil” penalties of greater sums than are involved here (See Opinion of the Justices, 375 Mass. 795 (1978), we are confident that there is no right to a jury trial for civil motor vehicle infractions.

There being no error, the appeal is dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Dohoney, J.

This case involves an appeal pursuant to General Laws, Chapter 90C concerning civil motor vehicle infractions. The defendant was charged with following too closely, failure to use seatbelts (prior to its repeal), and speeding. The defendant was found responsible on all allegations by the Clerk-Magistrate, appealed to a Justice, and was found responsible on all allegations by the Justice.

The only claim raised by the defendant is his inability to obtain a jury trial. Originally all violations of motor vehicle laws were criminal in nature, and every defendant was thereby entitled to a trial by jury. Gradually, the General Court began to classify some of these matters as “civil” and has made trial by jury less available. The most recent legislative changes have completely [107]*107eliminated the right to a jury trial. See Stat. 1985, Ch. 794. Recognizing the strong presumption in favor of the constitutionality of legislative enactments (See Verrochi v. Comm., 394 Mass. 633 (1985), and recognizing the constitutionality of “civil” penalties of greater sums than are involved here (See Opinion of the Justices, 375 Mass. 795 (1978), we are confident that there is no right to a jury trial for civil motor vehicle infractions.

There being no error, the appeal is dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

1987 Mass. App. Div. 106, 1987 Mass. App. Div. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mongardi-massdistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack