Massachusetts law generally requires police to issue a citation (i.e., a ticket) when they stop a driver for a traffic violation.
According to M.G.L. c. 90C, Sec. 2:
any police officer assigned to traffic enforcement duty shall, whether or not the offense occurs within his presence, record the occurrence of automobile law violations upon a citation, filling out the citation and each copy thereof as soon as possible and as completely as possible…
In most cases, an officer’s failure to issue a citation is grounds for dismissing the alleged traffic violation.
Again citing M.G.L. c. 90C, Sec. 2:
A failure to give a copy of the citation to the violator at the time and place of the violation shall constitute a defense in any court proceeding for such violation…
However, there are exceptions.
No defense may exist
- where the violator could not have been stopped or where additional time was reasonably necessary to determine the nature of the violation or the identity of the violator, or
- where the court finds that a circumstance, not inconsistent with the purpose of this section to create a uniform, simplified and non-criminal method for disposing of automobile law violations, justifies the failure.
Additionally, there is usually no requirement to issue a citation when (1) the driver is arrested for the violation and (2) he is aware of the nature of the offense.
We hold that an arrest, accompanied by the arrested person’s awareness that he is being charged with a motor violation, is a circumstance not inconsistent with the purpose of Section 2 and that the delivery of a citation at the time and place of the offence is not required.
Commonwealth v. Gorman, 356 Mass. 355, 358 (1969).