Criminal Charges:
Driver charged in the Fitchburg District Court, Massachusetts, Worcester County, for:
- Operating Under the Influence (OUI) Drugs, in violation of M.G.L. c. 90, § 24(1)(a)(1)
- Possession of a Class A Drug (fentanyl), in violation of M.G.L. c. 94C, § 34m e
- Marked Lanes Violation, in violation of M.G.L. c. 89, § 4
Case Overview:
Police received multiple calls about a vehicle operating erratically. Police located the vehicle and conducted a traffic stop. While speaking with the driver, the police noticed that his eyes were bloodshot, and speech was slurred. They ordered the driver out and to the back of the vehicle. While walking, the man was unsteady on his feet. Police administered a series of standardized field sobriety tests, all of which indicated impairment, and a portable breath test, which revealed no alcohol in his system. When police inquired about any drugs, the man admitted to smoking marijuana and taking CBD, and police noticed objects inside his mouth. The driver then spit out a straw and dollar bill on the ground, and inside the dollar bill was a white substance that the driver admitted was fentanyl. The driver was arrested and charged in Fitchburg District Court with OUI Drugs, Possession of a Class A Drug (fentanyl), and Marked Lanes Violation. He hired the Massachusetts Criminal Defense Law Office of John L. Calcagni III, Inc. to represent him in his case.
Case Result: OUI Drugs – Dismissed. Possession of a Class A Drug – Continued Without a Finding for 1 Year (No Conditions) Marked Lanes Violation – Not Responsible
After securing the man’s release on personal recognizance bail, Attorney Calcagni and his team filed a series of discovery motions, and ultimately, a motion to exclude most of the Commonwealth’s evidence from trial. Armed with this motion, and documentation evidencing that the driver entered and completed substance abuse treatment, Attorney Calcagni and his team successfully secured the prosecution’s agreement to dismiss the OUI charge in exchange for his admission to possessing drugs in exchange for a Continuation Without a Finding (CWOF). In one year from now, assuming the driver remains out of trouble, the possession charge will be dismissed, and this case will be eligible to be sealed from public record.
