Motor Vehicle Offenses
Commonwealth v. S.R. – Stoughton District Court
LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED
Client, a professional truck driver of 40 years, was charged with Leaving the Scene of Property Damage. Defendant worked for a tractor-trailer company. He was dispatched to deliver a 60-foot trailer to a residence in Canton. On the way to the residence, Defendant struck a large overhanging tree limb, which remained on the top of the trailer. The tree limb then pulled down cable wires from two residences. At the Clerk’s Hearing, Attorney Patrick J. Noonan introduced evidence that the Defendant was unaware that he struck the tree limb and cable wires. Photographs showed the large size of the trailer. Photos of the side mirrors show that it would have been impossible for the Defendant to see the tree limb.
Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue the criminal complaint against professional truck driver of 40 years.
Commonwealth v. S.A. – Taunton District Court
LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED at TRIAL
Client, 29-year-old truck driver with no criminal record, was charged with Leaving the Scene of an Accident causing Property Damage stemming from a two-car crash in North Easton. The victim identified the suspect vehicle by its registration before it fled the scene. The Defendant was the registered owner of the suspect vehicle that fled the scene after the crash. At trial, the Commonwealth sought to introduce the Defendant’s motor vehicle registration in order to identify him as the driver of the fleeing vehicle. At trial, Attorney Patrick J. Noonan excluded the vehicle registration from evidence on the grounds that it was not provided timely. Attorney Patrick J. Noonan then moved to dismiss the case because, without the vehicle’s registration, the Commonwealth had insufficient evidence to identify the Defendant as the operator of the fleeing vehicle.
Result: Attorney Patrick J. Noonan gets criminal complaint dismissed outright at trial.
Commonwealth v. B.M. – Hingham District Court
LEAVING SCENE OF ACCIDENT: DISMISSED PRIOR TO ARRAIGNMENT
Client, 40-year-old physician’s assistant with no prior criminal record, was charged with Leaving the Scene of an Accident stemming from an alleged hit and run accident. A docketed arraignment on this charge would result in the client’s termination from employment, as he is subject to mandatory background checks from his employer. A docketed arraignment on the charge constitutes a crime of moral turpitude and is grounds for termination.
Result: Attorney Patrick J. Noonan dismisses criminal complaint prior to arraignment saving client’s job as Physician’s Assistant.
Commonwealth v. M.B. – Brockton District Court
OAS FOR OUI: DISMISSED
Client, 25-year-old executive chef, was charged with operating under the influence of alcohol and placed on probation in Quincy District Court. While on probation, client was arrested in West Bridgewater for operating his vehicle while his license was suspended for OUI; an offense punishable up to 60 days in the House of Correction. By virtue of the new criminal offense in West Bridgewater, client was charged with violating the terms of his probation in the Quincy District Court. Client hired Attorney Patrick J. Noonan to handle the Operating after Suspended License (OAS) case in the Brockton District Court. Attorney Noonan moved for an evidentiary hearing challenging the lawfulness of the motor vehicle stop where he intended to introduce evidence that the officer’s observations did not rise to the level of reasonable suspicion necessary to effectuate a motor vehicle stop of the Defendant’s vehicle. The officer failed to appear for the evidentiary hearing.
Result: Attorney Noonan convinces the Commonwealth to dismiss the case upon the payment of court costs, which helped client’s probation violation matter in the Quincy District Court.
Commonwealth v. W.P. – Plymouth District Court
OPERATING TO ENDANGER: DISMISSED at CLERK’S HEARING
Client, 19 year-old youth aspiring to enlist in the military, was charged with Operating to Endanger and Failure to Stop for Police stemming from a high-speed motorcycle chase where speeds reached in excess of 100 mph. At a Magistrate’s Hearing, Attorney Patrick J. Noonan successfully dismissed the case arguing that the issuance of the criminal complaint would ruin his client’s future.
Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue criminal complaint allowing his client to enlist in the military.
Commonwealth v. S.M. – Hingham District Court
LEAVING THE SCENE PROPERTY DAMAGE: DISMISSED
OPERATING RECKLESSLY: DISMISSED
Police received two calls reporting that they heard loud skidding followed by a loud crash. Upon arrival, police observed fresh skid marks and damage to a stone wall in front of someone’s property. The vehicle drove off striking a second stone wall. Boulders from the stone wall were scattered all over the homeowner’s front lawn. Police found a license plate at the scene, which was registered to the Defendant. Police went to the Defendant’s residence and observed fresh heavy damage to his vehicle with the license plate missing. Defendant admitted to police that he had been driving in the area and he must have lost control of his vehicle but he denied hitting any stone wall.
Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaints against recent college graduate.
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