Motor Vehicle Offenses
Commonwealth v. John Doe
Taunton District Court
ATTORNEY PATRICK J. NOONAN’S MOTION TO DISMISS CHARGES OF LEAVING THE SCENE OF AN ACCIDENT AND OPERATING WITH A SUSPENDED LICENSE SUBSEQUENT OFFENSE IS ALLOWED.
Defendant was charged with Leaving the Scene of an Accident (G.L. c. 90, §24(2)(a)) and Operating with a Suspended License Subsequent Offense (G.L. c. 90, §23), stemming from a hit-and-run car accident, which resulted in injuries to the operator and occupants of another vehicle. A witness reported to the police that he had witnessed the accident and was actively following the vehicle, which fled the scene. The witness later sent photographs to police of the fleeing vehicle. Police circulated pictures of the vehicle amongst various police departments. One police department reported being familiar with the suspect vehicle as belonging to the Defendant based on prior interactions. Police went to the Defendant’s home and observed damage to a vehicle in his driveway. Defendant denied operating the vehicle. The police noted that the Defendant had multiple prior convictions for operating with a suspended driver’s license. Attorney Patrick J. Noonan filed a Motion to Dismiss the charges for lack of probable cause, arguing that the police report did not contain sufficient evidence to prove that the Defendant was the operator of the vehicle. After considering the arguments, the court allowed Attorney Patrick J. Noonan’s Motion to Dismiss.
Commonwealth v. John Doe
Wareham District Court
ATTORNEY GERALD J. NOONAN GETS CHARGES OF LEAVING THE SCENE OF AN ACCIDENT, UNREGISTERED VEHICLE, AND UNINSURED VEHICLE DISMISSED PRIOR TO ARRAIGNMENT AGAINST MEMBER OF THE AIR FORCE.
Defendant was charged with Leaving the Scene of an Accident (G.L. c. 90, §24(2)(a)), Unregistered Motor Vehicle (G.L. c. 90, §9), and Uninsured Motor Vehicle (G.L. c. 90, §34J). Police alleged that the Defendant struck a telephone and did not report the accident. Attorney Gerald J. Noonan presented evidence that the Defendant was traveling on an unfamiliar dangerous road when he struck a telephone. Attorney Noonan provided photographs showing that the Defendant merely grazed the pole, with extremely minor damage. Defendant immediately called his insurance company and reported the accident. Defendant even remained on scene until the tow truck arrived. Defendant told the police that he did not think that he had to report the accident because another vehicle was not involved in the accident and he immediately reported it to his insurance company. Attorney Noonan provided information from witnesses to corroborate the Defendant’s version.
Commonwealth v. John Doe
Wareham District Court
CHARGE OF OPERATING WITHOUT A LICENSE AGAINST NON-U.S. CITIZEN DISMISSED PRIOR TO ARRAIGNMENT.
Client is a 34 year-old immigrant from Honduras where he lived in poverty and worked on a farm. He came to the U.S. and cannot speak any English. He is not a U.S. citizen. He was hired by a company as a physical laborer. The majority of the money he earns, he sends back to his family in Honduras. He has been living in a hotel with many other immigrants. On this occasion, as an isolated incident, the client drove his employer’s vehicle, because another employee was a no-show for work. He was pulled over. He did not have a driver’s license. He was charged with Operating without a License (G.L. c. 90, §10). Client was scheduled to be arraigned on this criminal offense. If arraigned, the criminal offense would be entered on his criminal record. Attorney Patrick J. Noonan was able to dismiss this case prior to arraignment, saving the client from having any criminal record.
Commonwealth v. Jane Doe
Quincy District Court
CRIMINAL COMPLAINT FOR LEAVING THE SCENE OF AN ACCIDENT AGAINST 62 YEAR-OLD BANKER WITH NO CRIMINAL RECORD DISMISSED PRIOR TO ARRAIGNMENT.
Client is a 62-year old woman with no criminal record. She has been working for the same bank for 42 years. On the incident in question, client was driving to her friend’s house in Weymouth. It was dark out. When she attempted to negotiate a sharp turn in the road, she struck another vehicle, causing minor damage to the vehicle. Shaken up over the minor collision, she did not stop on the dark road, but proceeded to her friend’s house who lived a short distance away. She immediately reported the incident to her insurance company. She received a phone call from a Massachusetts State Trooper where she admitted to hitting the other car and not pulling over to exchange any information with the other driver. She was charged with Leaving the Scene of an Accident causing Property Damage (G.L. c. 90, §24(2)(a)). Attorney Patrick J. Noonan provided the prosecutor with information from the client’s car insurance company, showing that the damage to the other vehicle was very minor, and confirmation that the other driver was compensated through insurance. Attorney Noonan was able to convince the Commonwealth to dismiss the case prior to arraignment, meaning that the client will not have any criminal record resulting from this incident.
Commonwealth v. John Doe
Brockton District Court
CRIMINAL CHARGES OF FAILURE TO STOP FOR POLICE AND NEGLIGENT OPERATION TO BE DISMISSED OUTRIGHT UPON THE CLIENT’S COMPLETION OF PRETRIAL PROBATION AND SAFE-DRIVING COURSE.
Client is a 20 year-old college student with no criminal record. He works in the manufacturing department, cutting leather, for a local leather production company, while attending college. He is in the process of obtaining his helicopter’s license. On this occasion, Defendant passed by a police cruiser, while operating his motorcycle, at a high rate of speed, estimated to be 100 M.P.H. When the officer attempted to pull him over, the Defendant fled, continued to travel at a high-rate of speed, and never pulled over. The officer was able to obtain the client’s license plate. The officer went to the client’s home where he admitted to seeing the officer and admitted to not pulling over and fleeing from the officer. Client was charged with Failure to Stop for Police (G.L. c. 90, §25), Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)), and civil infractions for speeding, passing violation, and marked lanes violation. Concerned that a conviction, or an admission to sufficient facts, would affect his ability to become a helicopter pilot, the client hired the Law Offices of Gerald J. Noonan, who ensured that all charges would be dismissed outright, so long as the client completes a safe-driving course.
Commonwealth v. John Doe
New Bedford District Court
CRIMINAL COMPLAINT AGAINST ELECTRICIAN FOR NEGLIGENT OPERATION OF A MOTOR VEHICLE DISMISSED PRIOR TO ARRAIGNMENT.
Defendant, an electrician, was operating his vehicle when he was involved in a single-car accident in which his vehicle struck a curb and striking a street light, knocking over the street light. The officer believed that the client was operating at a high rate of speed and lost control over his vehicle. The officer found that the road conditions did not contribute to the accident. At the scene, the client could not recall how the accident happened. The client was charged with Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)). The client’s case was scheduled for an arraignment. With an arraignment, the criminal charge would be entered onto the client’s criminal record. Attorney Patrick J. Noonan was able to dismiss the case prior to arraignment, saving him from having a criminal record.
Commonwealth v. John Doe
ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR LEAVING THE SCENE OF AN ACCIDENT AGAINST FED-EX DRIVER DISMISSED AT CLERK MAGISTRATE HEARING.
Police were dispatched in response to a call that a Fed-Ex truck had struck a fire hydrant and left the area. A witness told the police that she took a photo of the Fed-Ex truck, as he left the scene of the accident. The officer observed that the fire hydrant was cracked and a valve had broken off. Police queried the license plate and spoke with the business owning the truck. Police spoke with the Defendant who admitted to striking the fire hydrant. As a result of the incident, police filed an Application for Criminal Complaint against the Defendant for Leaving the Scene of an Accident Causing Property Damage pursuant to G.L. c. 90, §24(2)(a).
Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk-Magistrate Hearing. Attorney Noonan presented evidence showing that the client immediately reported the accident to his manager who instructed him to continue making his deliveries. His manager informed him that the business would report the accident to the police. The client relied on the representations of his employer and did not report the accident to police because he had been told that the business would report the accident. His manager told the police that he advised the Defendant to continue with his deliveries. The manager told the Defendant that the company would pay for the damage to the fire hydrant. Attorney Noonan presented evidence of his client’s stellar driving record, as well as character letters from his employer describing him as a hard-working and trustworthy employee. As the client was a professional delivery driver, a criminal complaint for Leaving the Scene of an Accident would potentially ruin his career. However, Attorney Noonan was able to ensure that no criminal charges issued and his driving record remained intact and he was able to continue his employment as a professional delivery driver.
Commonwealth v. John Doe
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.
Commonwealth v. John Doe
CHARGE OF NEGLIGENT OPERATION AGAINST MECHANICAL ENGINEER DISMISSED AT CLERK’S HEARING UPON ATTORNEY GERALD J. NOONAN’S EFFECTIVE REPRESENTATION.
Police were dispatched to the scene of an accident in which the client’s vehicle struck a telephone pole. The officer observed that the client’s pupils were constricted, his speech was thick and slow, and his responses were delayed. Defendant admitted to taking Lorazepam and other medications for his anxiety. The client was unsteady on his feet. Two witnesses told police that the Defendant’s vehicle was swerving over the double yellow line several times before swerving into the telephone pole without ever coming to a stop. Police noted that the client has a history of incidents involving prescription medications and alcohol abuse. Client’s wife told the police that he was recently discharged from the hospital and he had recently made suicidal statements. Defendant was charged with Negligent Operation of a Motor Vehicle pursuant to G.L. c. 90, §24(2)(a).
Result: Attorney Gerald J. Noonan presented evidence that his client took a safe driving course and another course known as Brains at Risk. Attorney referenced the client’s impressive resume as a mechanical engineer and his clean driving record. Attorney Noonan presented evidence showing that the client was legally prescribed anxiety medication and he had taken the medication in the proper dosage.
Commonwealth v. John Doe
ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR NEGLIGENT OPERATION AGAINST HVAC WORKER DISMISSED AT CLERK’S HEARING IN A CASE INVOLVING A HIGH-SPEED CRASH INTO A TREE.
Police were dispatched to the scene of a motor vehicle accident in which the Defendant’s vehicle was operating at a high rate of speed, lost control on the bend of the road, and crashed into a tree causing the vehicle to flip and spin out of control. Police observed serious damage to the Defendant’s vehicle with enough force to completely tear off the right wheel and axel. The Defendant was bleeding from his arm. The officer conducted a crash investigation and determined that the Defendant was negligent and caused the crash due to his excessive speed on a dangerous roadway. The police filed an Application for Criminal Complaint on a charge of Negligent Operation of a Motor Vehicle pursuant to G.L. c. 90, §24(2)(a), speeding, and marked lanes violation.
Result: Attorney Gerald J. Noonan was able to get the criminal complaint dismissed at the Clerk’s Hearing. Attorney Noonan presented evidence that the Defendant was unfamiliar with the roadway and the roadway lacked warnings, signage, and appropriate lighting alerting motorists as to the dangerousness of the curve in the road. Attorney Noonan presented photographs of the roadway showing no lighting, no marked lanes, no speed limit signs, or any warnings signs about the dangerous curve up ahead. These were mitigating circumstances. Defendant admitted that he was operating negligently, but asked the Court to exercise its discretion based on the Defendant’s lack of criminal record, character evidence, history of gainful employment, supporting his family, and the fact that the Defendant was genuinely remorseful for the accident. Attorney Noonan presented evidence from the Defendant’s employer showing his excellent driving record. The Defendant took and completed a safe driving course and a Brains at Risk program. After the Clerk’s Hearing, the complaint was dismissed.