On June 10, 2011, the Supreme Judicial Court decided in Commonwealth v. Parenteau, 460 Mass. 1 (2011), that the admission in evidence of a registry of motor vehicles certificate attesting to the fact that a defendant had been mailed a notification of the suspension of his driver’s license pursuant to G.L. c. 90, §22(d), in the absence of testimony from a registry witness, violates a defendant’s right to confrontation under the Sixth Amendment.  In response to that decision, a witness from the Registry of Motor Vehicles is required to come in on each Operating After Suspension case to testify that indeed the defendant was mailed his letter notifying him of his license suspension.  Since that time the Registry has implemented an “Intelligent Mail” system, in an effort to alleviate the need for a live witness at trial.  In this 20 minute webinar, Kevin J. Curtin, Senior Appellate Counsel for Middlesex District Attorney Gerard T. Leone, Jr., will address the current legal hurdles prosecutors face in proving these cases every day in court.

 

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