READING v. MURRAY


405 Mass. 415 (1989)

541 N.E.2d 323

TOWN OF READING & another vs. DONALD F. MURRAY.

Supreme Judicial Court of Massachusetts, Middlesex.

July 17, 1989.


Attorney(s) appearing for the Case

Tobin N. Harvey, Assistant Attorney General (H. Theodore Cohen, Town Counsel, with him) for the town of Reading & another.

Steven S. Epstein (Irwin Kwiat with him) for the defendant.

Present: LIACOS, C.J., WILKINS, NOLAN, & O'CONNOR, JJ.


O'CONNOR, J.

The defendant received a civil motor vehicle citation for speeding. He requested a hearing before a clerk-magistrate of the District Court, and a hearing was held. Officer Kevin P. Crypts of the Reading police department, who had issued the citation, did not attend the hearing. After a police prosecutor and the defendant were heard, the clerk-magistrate denied the defendant's request that he enter a required finding of "not responsible" on the basis of...

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