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Com. v. Bocchino10/21/2003
otion judge that despite the numerous flaws in complying with the statute that its purposes have been satisfied, "[w]e are not to be taken as encouraging any deviation from the § 2 procedure." See Commonwealth v. Perry, 15 Mass.App.Ct. 281, 285 (1983). Police must be trained to adhere to statutory requirements to avoid what happened here--the creation of needless problems.
2. Compliance with requirements of c. 90C, § 2, does not pose a jury question. Questions of law are the sole province of the judge. See Commonwealth v. Vao Sok, 435 Mass. 743, 757 (2002). The judge was thus correct in ruling that the evidence sought to be introduced--the failures to comply with the statute--was irrelevant to the jury's inquiry into whether there was sufficient evidence to prove all the elements of the crime charged. See Commonwealth v. Freeman, 354 Mass. 685, 687 (1968) (requirement regarding the delivery of a traffic citation is not a necessary element of the offense of operating a vehicle under the influence of intoxicating liquor); Commonwealth v. Babb, 389 Mass. at 281.
Judgment affirmed.
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