CHARGE OF NEGLIENT OPERATION AND UNLICENSED OPERATION STEMMING FROM ROLL-OVER CRASH ON ROUTE 495 DISMISSED PRIOR TO ARRAIGNMENT UPON ATTORNEY GERALD J. NOONAN’S EFFECTIVE REPRESENTATION.
Police were dispatched to the scene of a roll-over crash on Route 495. Witnesses called 911 to report that the client’s vehicle was driving erratically, the vehicle lost control, rolling three times, and striking the guardrail. The client told the police that he had a mechanical issue with his vehicle. The client had an expired driver’s license and his vehicle was not inspected. The client was charged with Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)), Unlicensed Operation of a Motor Vehicle (G.L. c. 90, §10), No Inspection Sticker (G.L. c. 90, §20B), and Marked Lanes Violation (G.L. c. 89, §4A). The Defendant was scheduled to be arraigned on the criminal charges in the District Court:
Result: Attorney Gerald J. Noonan was able to dismiss the criminal complaints prior to the Defendant’s arraignment saving his client from having a criminal record. Attorney Gerald J. Noonan presented evidence showing that his client was entitled to a Clerk-Magistrate Hearing prior to an arraignment on the charges. When a criminal complaint is dismissed prior to arraignment, and where a criminal complaint is dismissed prior to arraignment at a Clerk-Magistrate Hearing, the client is not formally charged with a crime and the client will not have a criminal record.