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75th N.H.P.A.
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Discussion Starter · #1 ·
I am looking to hear from an officer whose district court accepts criminal complaints charging the common law offense of "blocking a highway". This crime is not one of the CL crimes listed in the criminal complaint manual and I have never seen it used in my district court but have heard that some courts accept these complaints, particularly in SE Massachusetts.

Is this the case? What are the elements of the crime? Is there a citation to any case or compilation of old CL offenses available to back up the claim that this is a common law crime? Is there any way I can get a copy of a complaint actually issued for this crime?

Thanks.
 

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I have never heard of a criminal offense for this activity. You could try Disorderly Conduct, but it may not fly. I usually just cite for the civil infraction.

720CMR906/B
STATE HWAY-TRAFFIC VIOLATION * 720 CMR §9.06
NOTE: THIS IS A CIVIL MV INFRACTION, SET FORTH HERE FOR PROCEDURAL PURPOSES ONLY.
on [DATE OF OFFENSE:], while operating a motor vehicle on a highway roadway, as defined in 720 Code Mass. Regs. §9.01: (11) did drive in such a manner as to obstruct unnecessarily the normal
movement of traffic on a highway; Department of Highways for driving on state highways, 720 Code Mass. Regs. §9.06, adopted pursuant to G.L. c.85, §2. (CIVIL ASSESSMENT from 720 CMR §9.07(5): $20.)

 
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