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COMMONWEALTH OF MASSACHUSETTS v. WEISS

2004 Mass. App. Div. 144 (2004)

Commonwealth of Massachusetts v. Ronald P. Weiss

Massachusetts Appellate Division, Western District.

September 21, 2004.

Attorney(s) appearing for the Case

Thomas F. Reilly and Timothy M. Jones for the commonwealth.

Sandra J. Staub for the defendant.

Present: LoConto, P.J., Brennan, Rutberg, Ripps & Koenigs, JJ.

Per Curiam.

The question presented in this appeal is whether chapter 90C, §3(a)(4), which permits the police to appeal a Magistrate's not responsible finding on a civil motor vehicle infraction (CMVI) for a de novo hearing before a judge, is fundamentally unfair, violates double jeopardy, due process, or the separation of powers doctrine.1 On February 6, 2002, on Route 91 in Greenfield, Trooper Erik R. Baldwin stopped the appellant...

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