Commonwealth v. K.S. – Quincy District Court

NEGLIGENT OPERATION: DISMISSED at CLERK’S HEARING

Randolph Police were dispatched to a motor vehicle accident involving a vehicle striking a utility pole. Upon arrival, Defendant stated that something ran into the roadway and he swerved to avoid hitting the object and he could not recall what happened after that. Police observed that there was extensive damage to the utility police – specifically, the utility pole had been completely snapped in half, electrical wires were down, and traffic had to be shut down. Police also observed that there was heavy front-end damage to the Defendant’s vehicle. Based on the extent of the damage to the utility pole and the Defendant’s vehicle, police charged him with Negligent Operation. Defendant is 21 years-old. He has no criminal record. He is currently in college studying criminal justice with aspirations of becoming a police officer. For over three years, Defendant has worked security at the Harvard Vanguard Hospital.

Result: At the clerk magistrate’s hearing, Attorney Gerald J. Noonan convinces the clerk-magistrate to dismiss the criminal complaint due to insufficient probable cause.

Commonwealth v. A.A. – Brockton District Court

Docket No.: 1515 CR 4306

OPERATING w/ SUSPENDED REGISTRATION: DISMISSED at CLERK’S HEARING
UNINSURED MOTOR VEHICLE: DISMISSED at CLERK’S HEARING
UNREGISTERED MOTOR VEHICLE: DISMISSED at CLERK’S HEARING

While monitoring traffic, Police ran the registration on the Defendant’s vehicle and found that the Defendant’s insurance was revoked. Police pulled the Defendant over and he admitted that his vehicle was not registered and not insured. Defendant had a bad driving record. In 2004, his driver’s license was revoked for one-year for operating to endanger. In 2005, his license was suspended. In 2006, his license was revoked for 60 days due to surchargable events. In 2007, his license was revoked for 60 days.

Result: On the first court appearance, Attorney Gerald J. Noonan convinced the prosecutor to dismiss all charges against his client.

Commonwealth v. N.B. – Brockton District Court

UNLAWFUL POSS. OF AMMUNITION: DISMISSED
NEGLIGENT OPERATION: DISMISSED

At 12:30 a.m., police responded to the scene of a motor vehicle accident. Defendant was driving his pick-up truck and struck a utility pole. Upon arrival, police called the ambulance and the Defendant was transported to the emergency room. Upon investigation, it was determined that the Defendant operated his vehicle negligently so as to endanger the safety of others. Police observed heavy front-end damage to the pick-up indicating that the Defendant was operating at a high rate of speed. Contents in the bed of the pick-up had been scattered all over the road. Police observed extensive damage to the utility, which had been broken in half also indicating that the Defendant struck the pole at a high rate of speed. Police observed very little skid marks prior to the crash. Police searched the Defendant’s pick-up truck and found a box containing 50 cartridges of .357 caliber ammunition. Police also found 13 cartridges of .38 caliber ammunition. Defendant did not have a Firearms Identification Card (FID) or any license to possess the ammunition. Defendant was a 21 year-old male with no criminal record. He had an Associate’s Degree and planned on enrolling as a student at Bridgewater State University. He was employed as full-time construction worker. He was also employed by the city as a snow-plower. The issuance of the criminal complaint would have jeopardized Defendant’s employment for the city as a snow-plower and would have affected his ability to enroll in college.

Result: At a clerk’s hearing, Attorney Patrick J. Noonan persuaded the police department and the clerk-magistrate to dismiss the criminal complaint. As a result, no criminal charges will appear on the Defendant’s record.

Commonwealth v. J.A. – Brockton District Court

NEGLIGENT OPERATION: DISMISSED

Police were dispatched to a motor vehicle crash on Route 24 south in which the Defendant rear-ended a vehicle on Route 24 south. The defendant admitted that he was distracted by his cell phone. Three witnesses told police that the Defendant had been traveling over 100 mpg when he struck the other vehicle. The alleged victim sustained neck and back injuries and went to the emergency room via ambulance. After extensive negotiations with the insurance company, the District Attorney’s Office, and the alleged victim, Attorney Patrick J. Noonan was able to dismiss the criminal charge against his client.

Result: Negligent Operation charge dismissed outright after extensive negotiations.

Commonwealth v. K.S. – Brockton District Court

OPERATING w/ SUSPENDED LICENSE: DISMISS PRIOR TO ARRAIGNMENT
FAILURE TO STOP / YIELD: NOT RESPONSIBLE

Client’s license was suspended for failure to pay speeding tickets. He was then pulled over by Police for a motor vehicle infraction and was arrested for Operating with a Suspended License and cited for Failure to Stop / Yield.

Result: Attorney Patrick J. Noonan dismissed the charge prior to arraignment and no entry was made on the client’s clean criminal record.

Commonwealth v. V.M. – Brockton District Court

RECKLESS OPERATION: DISMISSED
FAILURE TO STOP: NOT RESPONSIBLE
FAILURE TO STOP: NOT RESPONSIBLE
UNREGISTERED VEHICLE: NOT RESPONSIBLE

Brockton Police received reports of gun shots. Police observed a gray SUV traveling at a high rate of speed in the area where the gun shots were reported. The operator, already traveling at a high rate of speed, increased his speed and police attempted to initiate a stop of the vehicle. The operator continued traveling at a high rate of speed and blew through a stop sign at an intersection. The operator refused to stop for police and took a series of turns on several side streets while still traveling at a high rate of speed. The operator finally pulled into a driveway and rushed out of the vehicle. Officers ordered the operator to the ground at gunpoint and arrested him.

Result: After extensive negotiations with the Commonwealth, Attorney Patrick J. Noonan obtained an outright dismissal of the criminal charge and Not Responsible findings on the three civil infractions. “Brockton man arrested after car chase.”

Commonwealth v. M.R. – Taunton District Court

NEGLIGENT OPERATION: DISMISSED upon MOTION

Client was charged with Negligent Operation stemming from an incident on August 14, 2014 in which a State Trooper observed his Mustang and another vehicle (Toyota) traveling northbound on Route 495. While the two vehicles were traveling on this major highway, the passenger in the Mustang and the operator of the Toyota were attempting to pass an object (business card) between the two vehicles by traveling side-by-side and having the parties reach their hands out the window. Attorney Gerald J. Noonan argued a Motion to Dismiss arguing that his client was entitled to dismissal of the criminal complaint because he was denied the opportunity of having a hearing before the clerk-magistrate.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and the criminal complaint was dismissed upon court costs.

Commonwealth v. D.K. – Brockton District Court

LEAVING THE SCENE PROPERTY DAMAGE: DISMISSED

Client, 33 year-old machine operator, was charged with Leaving the Scene of an Accident Causing Property Damage stemming from a hit and run incident. An off-duty detective observed the Defendant’s vehicle rear-end another vehicle at an intersection and then flee the scene. The off-duty detective pursued and apprehended the Defendant. Defendant admitted to fleeing the scene. The damage to the other vehicle amounted to $4,000.

Result: Attorney Patrick J. Noonan obtains an outright dismissal of the criminal charge at the first court date.

Commonwealth v. R.T. – Attleboro District Court

NEGLIGENT OPERATION: DISMISSED

Client, 23 year old Mechanical Engineer, was charged with Negligent Operation. An identified witness contacted Police to report that a specific vehicle would drive through his neighborhood each day at a high rate of speed and fishtail off the roadway at a sharp turn in the road. Police conducted surveillance on the street and observed the Defendant accelerating at a high rate of speed and completely fishtail off the roadway when making the sharp turn. The Police Officer observed that the Defendant’s tires were completely bald.

Result: Attorney Patrick J. Noonan was able to dismiss the case upon the payment of $300 in court costs at the first court date.

Commonwealth v. C.Q. – Taunton District Court

DRAG RACING: DISMISSED

A patrol officer observed two vehicles traveling south on Somerset Ave. in the town of Dighton and were speeding up, as they approached his police cruiser. Dighton Police stopped both vehicles and charged the parties with Drag Racing. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that there was insufficient probable cause to charge his client with Drag Racing under the statute. Specifically, he argued that there was no evidence that the Defendant “accelerated at a high rate of speed” or that the Defendant was “in competition with another operator.”

Result: Attorney Gerald J. Noonan gets criminal charge dismissed outright against college student.

Motor Vehicle Offenses