Town of West Bridgewater v. Carlson

Mass. Dist. Ct., App. Div.

Town of West Bridgewater v. Carlson

1990 Mass. App. Div. 17, 1990 Mass. App. Div. LEXIS 10

CourtMassachusetts District Court, Appellate Division

DecidedFebruary 2, 1990

StatusPublished

This text of 1990 Mass. App. Div. 17 (Town of West Bridgewater v. Carlson) 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

Town of West Bridgewater v. Carlson, 1990 Mass. App. Div. 17, 1990 Mass. App. Div. LEXIS 10 (Mass. Ct. App. 1990).

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Opinion

This is an appeal pursuant to G.L. c. 90C concerning a civil motor vehicle infraction. The defendant was found responsible by the judge and appealed to this division.

The claim of error raised by the defendant is that the citing police officer was not present at the hearing before the clerk-magistrate. There is no error. The right to a de novo hearing before a judge renders immaterial all errors and irregularities, if any, in the hearing before a clerk-magistrate. Reading v. Murray, 405 Mass. 415, 418 (1989).

There being no error of law, the adjudication is affirmed. The payment of all assessments is suspended for thirty (30) days from the date the clerk gives notice of this opinion to the parties.

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This is an appeal pursuant to G.L. c. 90C concerning a civil motor vehicle infraction. The defendant was found responsible by the judge and appealed to this division.

The claim of error raised by the defendant is that the citing police officer was not present at the hearing before the clerk-magistrate. There is no error. The right to a de novo hearing before a judge renders immaterial all errors and irregularities, if any, in the hearing before a clerk-magistrate. Reading v. Murray, 405 Mass. 415, 418 (1989).

There being no error of law, the adjudication is affirmed. The payment of all assessments is suspended for thirty (30) days from the date the clerk gives notice of this opinion to the parties.

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Bluebook (online)

1990 Mass. App. Div. 17, 1990 Mass. App. Div. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-west-bridgewater-v-carlson-massdistctapp-1990.

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