Criminal Charges:
Man charged in the Fall River District Court, Bristol County, for:
- Operating Under the Influence of Liquor (OUI), 2nd Offense, in violation of M.G.L. c. 90, § 24(1)(a)(1)
- Negligent Operation of a Motor Vehicle, in violation of M.G.L. c. 90, § 24(2)(a)
- Marked Lanes Violation, in violation of M.G.L. c. 89, § 4A
- Speeding, in violation of M.G.L. c. 90, § 17
Case Overview:
Police were dispatched to a motor vehicle accident involving a single car rollover. Upon arrival, the officer on scene recalled the vehicle traveling past him in the opposite direction at a high rate of speed and swerving in and out travel lanes. The vehicle was totaled after striking a telephone pole and snapping it at its base. The officer spoke to the driver, who was assisted out of the vehicle by good Samaritans on the scene. Upon speaking to the man, the officer noticed he had bloodshot and glassy eyes, slurred speech, and a strong odor of alcoholic beverage emanating from his breath. The man informed the officer that he was coming from St. James, an Irish pub, where he was drinking with a friend. The man refused a preliminary breath test and was transported to the hospital for minor injuries, where he underwent blood work. Police then spoke to a witness at the scene who observed the man’s erratic driving, took photographs and measurements of the scene, and discovered that the man had a prior OUI charge in Massachusetts. Freetown Police filed an application for criminal complaint against the man alleging Operating Under the Influence of Liquor (2nd Offense), Negligent Operation of a Motor Vehicle, Marked Lanes Violation, and Speeding. After receiving a summons to appear for a Clerk Magistrate’s Hearing, the man quickly hired Massachusetts Criminal Defense Lawyer, John L. Calcagni III, and his team to represent him in his case.
Case Result: Application for Criminal Complaint Denied.
After the hearing, Attorney Calcagni’s associate, Attorney John Pensa, successfully convinced the Clerk-Magistrate that no probable cause existed for the criminal complaint issued. Alternatively, the Clerk found the man responsible for two traffic infractions, Marked Lanes Violation and Speeding, and ordered the man to pay $210 in fines. The man paid the fines and Freetown Police’s application for criminal complaint was denied.
