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Appeals court reviews dismissal based on written‑notice requirement for independent medical exam in OUI case
Summary
The Commonwealth urged the Appeals Court to reverse a trial judge’s dismissal in an OUI prosecution, arguing the defendant had received oral notice and a signed copy of the §5A form during booking.
The Commonwealth argued before the appeals panel that the trial court erred in dismissing an operating‑under‑the‑influence prosecution after finding noncompliance with the written‑notice requirement of Mass. Gen. Laws ch. 263 §5A.
Christopher Nichols, appearing for the Commonwealth, told the panel that the defendant received oral notice at booking and signed a copy of the §5A form; he said the form was later placed with the defendant’s property and likely returned to him on release. Nichols argued…
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