Commonwealth v. J.M. – Brockton District Court

CRIMINAL COMPLAINT FOR OPERATING TO ENDANGER AGAINST A FURNITURE MANUFACTURER WITH NO CRIMINAL RECORD IS DISMISSED AT CLERK MAGISTRATE HEARING.

Defendant is a 35 year-old Brockton resident with no criminal record. He works as a furniture manufacturer. He is happily married and just had his first baby. Brockton Police responded to the scene of a motor vehicle accident. The client came to a stop to allow a school bus to make a turn. The vehicle behind the client became impatient and beeped at him, as he was waiting for the school bus to pass by. After the school bus made its turn, the client proceeded to drive but the other driver was following him very closely. The other driver was very impatient and was riding way to close to the client’s car. Because the other driver was right on his butt, the client break-checked the other driver, tapping his brakes, as a means to get her to back off. When the client tapped his brakes, the other driver rear-ended him. At the scene, the client admitted to the police that he brake-checked the other driver. The other driver was very upset at the scene. Client was charged with Operating to Endanger (G.L. c. 90, §24(2)(a)).

Result: Attorney Gerald J. Noonan was successful in getting the Operating to Endanger charge dismissed at the Clerk-Magistrate Hearing. Attorney Noonan presented evidence showing that the damage to the client’s vehicle was very minimal, showing that this was a low-impact collision. Attorney Noonan presented evidence showing that the client’s car insurance covered the property damage to the other vehicle. The other driver was not injured and she had been fully compensated by insurance. The client had no criminal record. The client also had a very good driving record with no prior driving violations whatsoever.