OPERATING UNDER THE INFLUENCE: DISMISSED

On October 23, 2008, Defendant was involved in a motor vehicle accident in which his vehicle struck a telephone pole and he was taken by ambulance to the emergency room. Defendant was not placed under arrest or charged with a crime. On January 14, 2009, a criminal complaint issued against the Defendant for OUI-Liquor. On December 17, 2009, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaints because his client was denied the opportunity to appear at a clerk-magistrate’s hearing and to challenge the probable cause needed to charge him with the offense. Attorney Noonan argued that the police report contained insufficient probable cause that the defendant was under the influence.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and the criminal complaint was dismissed. The Commonwealth decided not to pursue the charges after the criminal complaint was dismissed.