Criminal Charges:
OUI Drugs (Second Offense) in violation of M.G.L. c. 90, § 24(1)(a)(1)
Marked Lanes Violation in violation of M.G.L. c. 89, § 4A
Operating on a Suspended License in violation of M.G.L. c. 90, § 23
Negligent Operation of a Motor Vehicle in violation of M.G.L. c. 90, § 24(2)(a)
Case Overview:
Massachusetts State Police stopped a vehicle that it observed to be operating erratically, swerving onto the grassy shoulder of the road, and using incorrect directional signals. When police approached the single male operator, they observed his eyes to be bloodshot, glossy, and dilated. When police asked if the man knew the time, he stated he had no idea. The man’s forehead and shirt were covered in sweat, even though the outside temperature outside was 50 degrees Fahrenheit. Throughout the interaction, the man continued to speak in an erratic manner while stuttering and having difficulty formulating his words. A query of the man’s license status revealed that it had been revoked. Police also discovered that the man had an extensive negative driving history that included multiple charges for operating under the influence in both Rhode Island and Massachusetts. Police believed the man was under the influence of narcotics. As such, they placed him under arrest for Marked Lanes Violation; Operating on a Suspended License; Operating Under the Influence (OUI) of Drugs (Second Offense); and, Negligent Operation of a Motor Vehicle. The man hired Massachusetts Criminal Defense Attorney, John L. Calcagni III, to defend him in this matter.
Case Result:
Following ongoing negotiations with the Plymouth County District Attorney’s Office, Attorney Calcagni and his team successfully secured the prosecution’s agreement to dismiss all charges with the exception of Negligent Operation of a Motor Vehicle if the man agreed to remain on probation for one year. This result enabled the man to avoid any mandatory jail punishment associated with a second offense OUI conviction in Massachusetts and any loss of license.
1 year probation for Negligent Operation of a Motor Vehicle; all other charges dismissed.
Wareham District Court, Massachusetts
2200 Cranberry Highway
Wareham, MA 02576
Phone: (508) 295-8300
Cities and Towns: Carver, Lakeville, Marion, Mattapoisett, Middleboro, Rochester and Wareham
