Motor Vehicle Offenses

Commonwealth v. Jane Doe

CRIMINAL COMPLAINT AGAINST CERTIFIED NURSING ASSISTANT AND IMMIGRANT FROM HAITI FOR OPERATING A MOTOR VEHICLE WITHOUT A LICENSE IS DISMISSED AT CLERK’S HEARING

Client is a 23 year-old woman who emigrated from Haiti. She attended Massasoit Community College and later became a Certified Nursing Assistant (CNA) and she is currently employed as a CNA for a nursing home. She obtained a Learner’s Permit to operate a motor vehicle, but she had failed her driving test. She did not have a valid driver’s license when she was pulled over by police for a motor vehicle infraction and she was charged with Operating a Motor Vehicle without a License (G.L. c. 90, §10). She did not have any criminal record.

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan was able to get the criminal complaint dismissed. Usually, the client would have her aunt drive her to and from work. On this occasion, the client made a poor mistake in judgment and drove without a license.

Read More about Commonwealth v. Jane Doe

Commonwealth v. S.H.

CRIMINAL CHARGE AGAINST TAUNTON MAN FOR RECKLESSLY CAUSING A CAR ACCIDENT IS DISMISSED AT CLERK’S HEARING

Raynham Police were dispatched to the scene of a two-vehicle car accident. On the scene, police spoke to the Defendant who stated that the vehicle traveling in front of him gave him a “brake job,” e.g., applying the brakes as the Defendant was traveling behind him. Defendant admitted that he accelerated and passed the other vehicle and, while the Defendant was traveling in front of the other vehicle, the Defendant reciprocated by giving that vehicle a “brake job.” However, the other vehicle crashed into the rear of the Defendant’s vehicle as a result of the Defendant’s “brake job,” causing significant front end damage to the other vehicle. The other driver told the police that the Defendant recklessly passed him and “locked up his brakes” causing the crash. Based on the Defendant’s incriminating statements and the significant vehicle damage, the police filed an application for criminal complaint against the Defendant for Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)).

Result: Attorney Gerald J. Noonan secured a Clerk-Magistrate Hearing on the criminal complaint giving his client an opportunity to save himself from having a criminal record before a decision was made to issue formal criminal charges. In preparation for the hearing, Attorney Noonan had his client complete a safe driving course. Attorney Noonan presented evidence showing that the victim’s motor vehicle damage had been paid for by insurance. Attorney Noonan presented evidence showing his client’s good character, including a character letter from the Defendant’s employer where the Defendant had worked for six-years. Attorney Noonan argued that his client made a foolish mistake but took responsibility for his actions. At the conclusion of the Clerk-Magistrate Hearing, no criminal complaint issued against the client and the client has no criminal record as a result of this incident.

Read More about Commonwealth v. S.H.

Commonwealth v. P.C. – Framingham District Court

NO CRIMINAL COMPLAINT ISSUED AGAINST FORMER MARINE AND RETIRED BUSINESS OWNER FOR OPERATING WITH A SUSPENDED LICENSE

Client is a 77 year-old retired business owner who owned commercial real estate in a shopping center he operated for decades. He was a former special police officer in Natick and Framingham. He was very active in the community. Unfortunately, he amassed a series of motor vehicle offenses, and received three prior tickets for speeding, improper passing, and marked lanes violations. Due to the multitude of driving violations, the client’s license was suspended and he was required to driving classes in order to get his license reinstated. While his license was suspended, client drove his vehicle to do some errands and was pulled over for speeding and was charged with Operating after Suspended License.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk Magistrate to dismiss the criminal complaint so long as the client completes a driving course.

Read More about Commonwealth v. P.C. – Framingham District Court

Commonwealth v. B.F. – Quincy District Court

CLIENT WHO CRASHED HIS CAR INTO A DITCH AND FLED THE SCENE BECAUSE HE HAD A REVOKED DRIVER’S LICENSE WILL HAVE ALL CHARGES DISMISSED AFTER 4 MONTHS SO LONG AS HE STAYS OUT OF TROUBLE AND PROVIDES PROOF THAT HIS DRIVER’S LICENSE IS REINSTATED.

Holbrook Police responded to a call for a motor vehicle in a ditch. When the police arrived, they could not locate the operator or any other occupants who may have been in the vehicle. Police located the vehicle’s registration showing that it was registered to the Defendant’s wife. Police located the wife and had her come to the police station for questioning. The wife told police that her husband, Defendant, had crashed the vehicle and fled the scene because he did not have a driver’s license. Defendant was charged with Operating with a Revoke Driver’s License, and Leaving the Scene of Property Damage.

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented evidence that his client has taken the steps to clear up his suspended driver’s license. The client owed money to the DMV in North Carolina and Attorney Noonan presented proof that his client paid his fees in full. Client owed money to the Commonwealth of Massachusetts in Child Support and Attorney Noonan presented proof that the client paid his child support debts. Lastly, Attorney Noonan presented some evidence to show that his client completed classes that were ordered by the court in North Carolina for a previous driving related offense. The Clerk Magistrate agreed to dismiss the complaints after four months so long as the client stays out of trouble and provides the clerk with proof that his driver’s license is reinstated.

Read More about Commonwealth v. B.F. – Quincy District Court

Commonwealth v. E.B. – Taunton District Court

CLIENT’S DRIVER’S LICENSE WAS SUSPENDED FOR 3 YEARS DUE TO A SUBSEQUENT OFFENSE OUI BUT ATTORNEY GERALD J. NOONAN GETS A COURT ORDER TO REINSTATE THE CLIENT’S DRIVER’S LICENSE.

Client, a 33-year-old resident of Easton, had a conviction for OUI-Liquor where he was sentenced to one year of probation with the condition to complete the 24D program. Client was arrested for an OUI second offense where he refused the breath test resulting in a license suspension for 3 years because this was a subsequent offense. Client hired Attorney Patrick J. Noonan for his second-offense OUI and Attorney Noonan won a Not Guilty verdict. Even though the client was found Not Guilty of the second offense OUI, the Registry of Motor Vehicles nevertheless suspended his driver’s license because he refused the breath test and he was charged with a subsequent offense.

Result: Attorney Gerald J. Noonan appeared before the trial judge and obtained a court order to reinstate the client’s driver’s license. The client can now use this court order when he requests that the RMV reinstate his driver’s license.

Read More about Commonwealth v. E.B. – Taunton District Court

Commonwealth v. N.K. – Brockton District Court

CRIMINAL CHARGES AGAINST PARALEGAL ARE DISMISSED AS ATTORNEY GERALD J. NOONAN PRESENTS ALIBI EVIDENCE SHOWING THAT THE DEFENDANT WAS SOMEWHERE ELSE AT THE TIME OF THE CRIME.

State Police were dispatched to the scene of a motor vehicle crash on Route 24. Upon arrival, the officer spoke to a woman who was the victim of a hit and run accident. Upon arrival, the officer observed that the victim was in distress.

The victim stated that she was rear-ended by a black SUV. The female operator of the black SUV approached the victim to inquire if she was injured to which the victim stated that she was injured. The female operator then fled the scene. The victim described the female operator as having black curly hair and light skin.

The officer observed significant rear-end damage to the victim’s vehicle especially damage to the vehicle’s rear hatchback. The victim told the officer that she suffered injuries to her head, neck, and back. The victim was taken by ambulance to the emergency room. A couple days later, the victim contacted the officer and told him that she found the other vehicle’s license plate inside the rear of her hatch-back. The officer ran the vehicle’s license plate, which came back to the Defendant. The officer printed out the Defendant’s driver’s license photo and presented a photo array to the victim. Without hesitation, the victim identified the Defendant’s picture as the woman who hit her vehicle and fled the scene. The State Police filed applications for criminal complaints against the Defendant for: Leaving the Scene of an Accident causing Personal Injury. The Defendant was a paralegal at a reputable law firm.

Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented certified hospital records showing that the Defendant was a patient in the hospital at the time of the hit and run accident so the Defendant could not have the perpetrator. After presenting this alibi evidence, the Clerk-Magistrate dismissed the criminal complaint.

Read More about Commonwealth v. N.K. – Brockton District Court

Commonwealth v. R.S. – Fall River District Court

DANGEROUSNESS HEARING: RELEASED FROM CUSTODY

Fall River Police were dispatched to the scene of a motor vehicle crash involving two vehicles. Officers observed front-end damage to the Defendant’s vehicle. Officers observed rear-end damage to the second vehicle. The operator of the second vehicle told police that he pulled over to the right-hand side of the road to take a phone call when he was rear-ended by the Defendant’s vehicle. The other operator had to assist the Defendant from his vehicle. The other operator told police that he believed the Defendant to be intoxicated. Upon speaking with the Defendant, police immediately observed a strong odor of alcohol, glazed eyes, and slurred speech. Defendant agreed to participate in field sobriety tests. Defendant failed all the field sobriety tests. Defendant was placed under arrest for OUI-Liquor, Negligent Operation, and Marked Lanes Violation. During booking, police discovered that the Defendant had three prior convictions for OUI-Liquor with the most recent conviction being in 2015. Defendant was arraigned on the charge of OUI-Liquor Subsequent Offense. Because this was the Defendant’s fourth offense for OUI-Liquor, the Commonwealth moved to have the Defendant held in custody during the pendency of his case under the Dangerousness Statute. The Commonwealth argued that: based upon the nature of the offense and the Defendant’s criminal history, no conditions of release would reasonably assure the safety of the community. If successful, the Defendant could be held in custody for up to 180 days.

Result: At the conclusion of the dangerousness hearing, Attorney Gerald J. Noonan was successful in persuading the court to release the Defendant from custody. Attorney Gerald J. Noonan argued that there were conditions that the court could impose that would reasonably assure the safety of the community. Attorney Gerald J. Noonan advocated that the court impose certain strict conditions that would reasonably assure the safety of the community. The Judge adopted Attorney Noonan’s recommendation and released the Defendant upon certain strict conditions. As a result, Attorney Gerald J. Noonan saved his client from serving considerable jail time (up to 180 days), as his case was pending.

Read More about Commonwealth v. R.S. – Fall River District Court

Commonwealth v. N.P. – Quincy District Court

LEAVING THE SCENE: DISMISSED
UNLICENSED OPERATION: DISMISSED
FAILURE TO USE CARE: NOT RESPONSIBLE

Defendant was involved in a motor vehicle accident in which he rear-ended a vehicle pushing that vehicle into the vehicle in front of it. The driver of the front vehicle was injured and taken to the hospital by ambulance. Defendant approached the injured driver but the driver refused to speak to him. Defendant gave his name and information to the driver of the other vehicle involved in the chain collision. Defendant properly reported the accident to his insurance company. Defendant was charged by criminal complaint with Leaving the Scene of an Accident causing Personal Injury, Failure to Use Care in Stopping, and Operating a Vehicle without a License.

Result: Attorney Gerald J. Noonan requested a Clerk-Magistrate’s Hearing on the criminal complaints. Attorney Gerald J. Noonan argued that the Defendant took appropriate steps in making himself known and providing his information to the injured motorist. Attorney Gerald J. Noonan persuaded the clerk-magistrate not to issue the criminal complaints.

Read More about Commonwealth v. N.P. – Quincy District Court

Commonwealth v. C.D. – Attleboro District Court

LEAVING THE SCENE: NO COMPLAINT ISSUED

Defendant was traveling on Route 495 South returning from dinner with friends. Defendant was cut off by another vehicle. Defendant swerved to avoid a collision, lost control of his vehicle, and ended up in the woods off the highway in an embankment. Upon arrival, the police found the Defendant sitting on the guardrail in the breakdown lane near his vehicle. Police administered field sobriety tests and the Defendant passed them all. Officers informed him that he may receive a summons in the mail for Leaving the Scene of an Accident. Defendant did receive a summons for Leaving the Scene of an Accident and immediately contacted Attorney Patrick J. Noonan. Attorney Noonan immediately requested a Clerk Magistrate’s Hearing and sought a copy of the Police Report.

Result: On the day before the Clerk’s Hearing, Attorney Patrick J. Noonan was informed that the police department was withdrawing the criminal complaint. Defendant had no criminal record and was nearing graduation from the police academy.

Read More about Commonwealth v. C.D. – Attleboro District Court

Commonwealth v. E.D. – Attleboro District Court

LEAVING SCENE OF ACCIDENT: DISMISSED

A victim went into the police station to report that her vehicle was damaged in the parking lot of a supermarket. An identified witness left a note of the victim’s windshield stating that the Defendant’s vehicle struck the victim’s vehicle and left the scene without leaving a note. The witness provided the make, model, and license plate of the Defendant’s vehicle. The witness stated that the Defendant’s vehicle struck the victim’s vehicle, as the Defendant was attempting to park. After striking the victim’s vehicle, Defendant backed out and parked in a different parking spot. Defendant did not exit her vehicle to assess the damage she caused to the victim’s vehicle. Defendant did not leave a note on the victim’s vehicle reporting what happened and providing the victim with her information. Defendant admitted to police that she hit the vehicle and left the scene. Defendant appeared at a Show Cause Hearing without representation. The clerk magistrate found probable cause to issue the criminal complaint. After her arraignment, client contacted Attorney Patrick J. Noonan.

Result: At his first court appearance, Attorney Patrick J. Noonan persuaded the District Attorney to dismiss the criminal charge and provided documentation showing that the Defendant’s car insurance paid for all the damage to the victim’s vehicle.

Read More about Commonwealth v. E.D. – Attleboro District Court