Marshall v. Commissioner of Motor Vehicles

Summary

The court held that the statutory requirement that an arresting officer prepare and transmit an incident report within three business days is mandatory, not directory. A report that does not satisfy that requirement is inadmissible under the statutory hearsay exception unless the arresting officer testifies, even if the report otherwise appears reliable. Because the only evidence supporting the license suspension was a noncompliant report admitted without the officer's testimony, the court reversed and directed that the plaintiff's appeal be sustained.