# Sharpie on a citation?



## Guest (Oct 19, 2007)

Although I may just get teased for asking, I am embarrassed to go ask the police records people and get teased in-person.

When I picked up my accident report, the space for the other driver's citation was blacked out. The last sentence in the officer's narrative was blacked out, too. Perhaps the information is in regard to the other driver's inspection sticker, which I noticed expired a mere 7 months ago... 

What's the deal with the Censored info? Is that on the original report or just on my copy?

Any insight would be appreciated. Thank you.


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## Kem25 (Aug 7, 2007)

Just your copy. Records does that sometimes.


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## Crvtte65 (May 19, 2002)

Information you're not entitled to as a person involved in an accident.


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## soup (Nov 1, 2006)

Accident reports fall under the Massachusetts public records law. Have your insurance agent request a copy and see if they black out info, they won't.


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## billb (Jul 9, 2007)

We use a triplicate form... your copy (given to you at the accident) will have all the information you need to file your claim... the other driver's personal info will be "blacked out"... your personal info will be blacked out on thier form... this is to protect you from retaliation from the other driver. My guess is they blacked out the personal info you would not need to file a claim with your insurance. The original copy will have all the info in case further legal or administative action is needed.


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## SinePari (Aug 15, 2004)

billb said:


> We use a triplicate form... your copy (given to you at the accident) will have all the information you need to file your claim... the other driver's personal info will be "blacked out"... your personal info will be blacked out on thier form... this is to protect you from retaliation from the other driver. My guess is they blacked out the personal info you would not need to file a claim with your insurance. The original copy will have all the info in case further legal or administative action is needed.


???

Every crash data exchange form has personal information like name, DOB, address, license number...everything but SSN. There is no need to black anything out. If the crash happened on a public way and an officer responds, everything is now public information.


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## 94c (Oct 21, 2005)

CORI does come into play in some motor vehicle accidents.


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## soup (Nov 1, 2006)

94c said:


> CORI does come into play in some motor vehicle accidents.


When?


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## 94c (Oct 21, 2005)

soup said:


> When?


Anything criminal...

OUI, Operating to Endanger, Leaving the Scene, Uninsured, Altered lic/reg. etc.


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## Harley387 (May 1, 2002)

94c said:


> Anything criminal...
> 
> OUI, Operating to Endanger, Leaving the Scene, Uninsured, Altered lic/reg. etc.


Just curious here...but How so? This is generally public info...after all, it's gonne be in the court news and Police log...right?


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## 94c (Oct 21, 2005)

Harley387 said:


> Just curious here...but How so? This is generally public info...after all, it's gonne be in the court news and Police log...right?


Maybe someone who deals with records and CORI can chime in but, my department will not even hand out a report to the victim if there are criminal charges or even the possibility of charges being brought. (Without all the names being blacked out.)

The only exception is domestic violence reports.

There becomes a time when it is no longer public record and CORI kicks in.


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## soup (Nov 1, 2006)

The police booking log is public information. All arraignments are held in public session. The info on an accident report for citation information is not cory info it merely shows that the person was cited it doesn't say what the disposition was. Do you really think that a person does not have the right to know if the operator of the car that hit them was unlicensed, unregistered, uninsured, suspended, revoked, or oui? c'mon.


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## 94c (Oct 21, 2005)

soup said:


> The police booking log is public information. All arraignments are held in public session. The info on an accident report for citation information is not *cory* info it merely shows that the person was cited it doesn't say what the disposition was. Do you really think that a person does not have the right to know if the operator of the car that hit them was unlicensed, unregistered, uninsured, suspended, revoked, or oui? c'mon.


So how does your department handle requests for police reports? I can only tell you what I've seen my department do although I am not up to date on why?

Guess I'll have to do some digging up on something I rarely deal with.

In the mean time you'll need a little more than that to impress me with your knowledge of "cory". Do you even know what it means?


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## Harley387 (May 1, 2002)

*CHAPTER 66. PUBLIC RECORDS *

*Chapter 66: Section 10. Public inspection and copies of records; presumption; exceptions*

Section 10. (a) Every person having custody of any public record, as defined in clause Twenty-sixth of section seven of chapter four, shall, at reasonable times and without unreasonable delay, permit it, or any segregable portion of a record which is an independent public record, to be inspected and examined by any person, under his supervision, and shall furnish one copy thereof upon payment of a reasonable fee. Every person for whom a search of public records is made shall, at the direction of the person having custody of such records, pay the actual expense of such search. The following fees shall apply to any public record in the custody of the state police, the Massachusetts bay transportation authority police or any municipal police department or fire department: for preparing and mailing a motor vehicle accident report, five dollars for not more than six pages and fifty cents for each additional page; for preparing and mailing a fire insurance report, five dollars for not more than six pages plus fifty cents for each additional page; for preparing and mailing crime, incident or miscellaneous reports, one dollar per page; for furnishing any public record, in hand, to a person requesting such records, fifty cents per page. A page shall be defined as one side of an eight and one-half inch by eleven inch sheet of paper. 
(b) A custodian of a public record shall, within ten days following receipt of a request for inspection or copy of a public record, comply with such request. Such request may be delivered in hand to the office of the custodian or mailed via first class mail. If the custodian refuses or fails to comply with such a request, the person making the request may petition the supervisor of records for a determination whether the record requested is public. Upon the determination by the supervisor of records that the record is public, he shall order the custodian of the public record to comply with the person's request. If the custodian refuses or fails to comply with any such order, the supervisor of records may notify the attorney general or the appropriate district attorney thereof who may take whatever measures he deems necessary to insure compliance with the provisions of this section. The administrative remedy provided by this section shall in no way limit the availability of the administrative remedies provided by the commissioner of administration and finance with respect to any officer or employee of any agency, executive office, department or board; nor shall the administrative remedy provided by this section in any way limit the availability of judicial remedies otherwise available to any person requesting a public record. If a custodian of a public record refuses or fails to comply with the request of any person for inspection or copy of a public record or with an administrative order under this section, the supreme judicial or superior court shall have jurisdiction to order compliance. 
(c) In any court proceeding pursuant to paragraph (b) there shall be a presumption that the record sought is public, and the burden shall be upon the custodian to prove with specificity the exemption which applies. 
(d) The clerk of every city or town shall post, in a conspicuous place in the city or town hall in the vicinity of the clerk's office, a brief printed statement that any citizen may, at his discretion, obtain copies of certain public records from local officials for a fee as provided for in this chapter. 
The executive director of the criminal history systems board, the criminal history systems board and its agents, servants, and attorneys including the keeper of the records of the firearms records bureau of said department, or any licensing authority, as defined by chapter one hundred and forty shall not disclose any records divulging or tending to divulge the names and addresses of persons who own or possess firearms, rifles, shotguns, machine guns and ammunition therefor, as defined in said chapter one hundred and forty and names and addresses of persons licensed to carry and/or possess the same to any person, firm, corporation, entity or agency except criminal justice agencies as defined in chapter six and except to the extent such information relates solely to the person making the request and is necessary to the official interests of the entity making the request. 
The home address and home telephone number of law enforcement, judicial, prosecutorial, department of youth services, department of social services, department of correction and any other public safety and criminal justice system personnel, and of unelected general court personnel, shall not be public records in the custody of the employers of such personnel or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed, but such information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under chapter 180 or to a criminal justice agency as defined in section 167 of chapter 6. The name and home address and telephone number of a family member of any such personnel shall not be public records in the custody of the employers of the foregoing persons or the public employee retirement administration commission or any retirement board established under chapter 32 and shall not be disclosed. The home address and telephone number or place of employment or education of victims of adjudicated crimes, of victims of domestic violence and of persons providing or training in family planning services and the name and home address and telephone number, or place of employment or education of a family member of any of the foregoing shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed.


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## 94c (Oct 21, 2005)

Still doesn't answer the question as to why names are blacked out of reports and under what conditions.


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## DPD77 (Feb 3, 2004)

I was under the assumption that if a report contained someone's name, especially someone directly involved, they were entitled to a copy of the report. just black out a ssn# phone # etc, that could be used for identity theft.


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## soup (Nov 1, 2006)

94c said:


> So how does your department handle requests for police reports? I can only tell you what I've seen my department do although I am not up to date on why?
> 
> Guess I'll have to do some digging up on something I rarely deal with.
> 
> In the mean time you'll need a little more than that to impress me with your knowledge of "cory". Do you even know what it means?


The question was about an accident reports not police reports. When someone wants a copy of a police report they are directed to the court clerks office, *where they become public record. *As far as accident reports, Pay the $5.00 to the Chief's administrative assistant and receive a copy. Pretty simple. She works mon-fri 8-4. If you rarely deal with it, how do you know? I'm wasn't trying to impress you, just giving the right info to the person asking the question. How long have you been on the job?


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## 94c (Oct 21, 2005)

soup said:


> The question was about an accident reports not police reports. When someone wants a copy of a police report they are directed to the court clerks office, *where they become public record. *As far as accident reports, Pay the $5.00 to the Chief's administrative assistant and receive a copy. Pretty simple. She works mon-fri 8-4. If you rarely deal with it, how do you know? I'm wasn't trying to impress you, just giving the right info to the person asking the question. How long have you been on the job?


20+ years. We actually have police positions in the records department along with a half-dozen civilians.

Really never cared about why they black things out until I read it here. Depending on my mood tomorrow maybe I'll just go ask the guys who do it full time. It's not on my list of priorities.

BTW its CORI not CORY.


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## soup (Nov 1, 2006)

94c, 
Sorry for the misspelling. I wrote that on an overtime 12-8 that I worked without expecting it. I really didn't mean to come off like I wanted to start a pissing contest. I just read my post and I realize how it probably came off. I was just curious as to how long you were on the job and I didn't mean for it to read like that.

On my department, the Chief will release an accident report to the person involved, or anyone else willing to pay $5, as long as all parties involved have filed their reports. I spoke to my Chief the other day and I guess there is a question now as to whether some of the info is covered by the new health info laws as far as injuries or what hospital people went to.


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## jackryan (Apr 11, 2004)

"I spoke to my Chief the other day and I guess there is a question now as to whether some of the info is covered by the new health info laws as far as injuries or what hospital people went to."
-----
Not sure but I think the hiipa (sp?) only applies to the health care industry...but it seems everyone is using it as a reason to not give out info


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## tazoez (Dec 9, 2005)

HIPAA ( *Health Insurance Portability and Accountability Act* ) applies to basically anything medical. Pharmacy, Hospital, Ambulance companies, Doctors. On the police side, I can't answer it but all of you can.

If you had to read all about HIPAA and sign off on a sheet stating that you read and were aware about the implications of it then it applies to police too.


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## firefighter39 (Apr 10, 2006)

HIPPA _could _apply to police because you too are helath care providers. When you respond to an accident you respond as 1st Responders or may even be certified as EMT or higher levels.

The key to HIPPA is treatment, payment and operations (not the surgical kind) -

You can release any info that is necessary for the treatment or the patient (i.e. radio reports from 1st Responder to EMS - EMS radio eport to the ED etc..)

Payment - hospital can share billing info with EMS, other hospitals etc - depending on what info is needed this could also include the insurance info on the MVC report

and finally for the overall opertaions of the hospital, Dr's office, EMS agency etc..

As you kow HIPPA is very involved but that is the Readers Digest version


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## OfficerObie59 (Sep 14, 2007)

My department blacks out even charge information on crash reports, even when its only a CMVI...and like the others, I'm not so sure why, either. I would suppose they instruct the civilian records clerks to just balck everything to avoid placing the burden of a civilian having to distinguish between civil and criminal ALV's on only a chapter and section reference....Anyways, would CORI apply to CMVI offenses that wouldn't show up on a BOP?


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## SinePari (Aug 15, 2004)

We do not give out crash reports. If I had a quarter...every time someone walks into the barrack THE DAY AFTER their crash and asks for THEIR report, and says "my insurance company needs a copy". That's BS. Usually a sub-contracted adjuster is working their claim and sends them to the police, essentially doing the leg work for the insurance company and trying to avoid the RMV official copy fees.

When you have a crash data exchange form, you have everything you need from the police. Insurance companies are the ones holding the check books and will decide who's at fault and who gets paid, sometimes regardless on what our reports say.

We give them the RMV phone number and I think they charge 10 bucks for a copy.


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## secret squirrel (Oct 1, 2006)

I am not sure if I missed something here, but I think the answer could be as simple as the officer may or may not have cited the other driver for something. He may have cited him for the inspection sticker violation and then realized that the offense would have nothing to do with the accident. If you put something down on the accident report, the insurance companies seem all to quick to throw a surcharge on you....... Maybe that is why there was a black mark over that info....but who really knows 

You should just go back to or even call the PD and get the answer straight from the horse's mouth!!!


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## Guest (Nov 6, 2007)

Thanks very much for all the info.

It's a "Commonwealth of Massachusetts Motor Vehicle Crash Police Report." There was no copy/info given at the scene. The officer said to get a copy from the station in 48 hours (so I waited a good 72 before I dared walk in their door).


The admin lady said, "we don't charge victims," so the report was a freebie. No personal info was blacked out. 

I'm curious whether the other driver was cited for (who knows?) excessive speed, driving in the rain with no lights, etc. I didn't see him get checked for OUI, but I sure wish he was. I agree this omitted info could definitely be the inspection violation, but since the p.o.s. was composed of rust flakes bound by duct tape... vehicle function may be relevant to the accident?...

I will see if the insurance company's copy also got the Sharpie treatment. Thanks for the lead. I don't want to visit or call the PD over something like this. The intimidation factor definitely trumps curiousity.


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## Irish Wampanoag (Apr 6, 2003)

HIPPA _could _apply to police because you too are helath care providers. When you respond to an accident you respond as 1st Responders or may even be certified as EMT or higher levels.

The key to HIPPA is treatment, payment and operations (not the surgical kind) -

WHAAAT!!! What police department bills a patient because their officers worked an incident as a first reponded or even if the officer is an EMT. "0" THE POPO ARE EXEMPT!!!


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## firefighter39 (Apr 10, 2006)

Irish Wampanoag said:


> HIPPA _could _apply to police because you too are helath care providers. When you respond to an accident you respond as 1st Responders or may even be certified as EMT or higher levels.
> 
> The key to HIPPA is treatment, payment and operations (not the surgical kind) -
> 
> WHAAAT!!! What police department bills a patient because their officers worked an incident as a first reponded or even if the officer is an EMT. "0" THE POPO ARE EXEMPT!!!


The police dept may not be directly billing, but the city/town could be billing for the ambulance ride - You work for the city, not just the PD - also, there are still some PD's that directly run the ambulance for the city - so HIPPA _could_ apply.


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