Dismissal of OUI Drugs and Related Charges in New Bedford Court

John L. Calcagni III

Criminal Charges:

Man charged in the New Bedford District Court, Dartmouth, Massachusetts, Bristol County for:

  • Operating Under the Influence of Drugs, in violation of M.G.L. c. 90, § 24(1)(a)(1)
  • Unlicensed Operation of a Motor Vehicle, in violation of M.G.L. c. 90, § 10
  • Unregistered Motor Vehicle, in violation of M.G.L. c. 90, § 9

Case Overview:

Police were dispatched to a McDonald’s parking lot for the report of a man, who had a long history with the Dartmouth Police Department, screaming while parked and seated in his vehicle. Upon arrival, police were handed the man’s keys by a McDonald’s employee, who removed them from the ignition, and observed the man rocking back and forth, sweating profusely, and continuing to randomly scream. Police called an ambulance. The man was removed from the vehicle, was unable to walk without the assistance of ambulance personnel, and admitted to police that he took approximately 15 pills that day consisting of various types of prescription medication. The man had to be restrained with harnesses in the ambulance, and while seated in the ambulance, continued screaming unintelligently, was drenched in sweat, scratched his face, and repeatedly nodded off. The man was transported to the hospital. An inventory search of the man’s vehicle by police yielded several ripped plastic bags with knots tied on the end, and several 30mg Oxycodone pills. A drug screening at the hospital revealed that the man had Fentanyl in his system. As a result of these collective facts, the man was criminally charged in New Bedford District Court with OUI Drugs and other offenses. The man retained the Massachusetts Criminal Defense Law Office of John L. Calcagni III, Inc. to represent him in his case.

Case Result: Dismissed.

The man maintained his innocence, was adamant he did not abuse his medications, and medical evidence suggested that he may have suffered a psychotic episode or panic attack. On the eve of trial and following final discussions with the prosecutor, Attorney Calcagni and his team successfully persuaded the Commonwealth to dismiss the case and all charges.