Criminal Charges:
Driver charged in Worcester District Court for:
- Leaving the Scene of Personal Injury, in violation of M.G.L. c. 90, § 24 (2) (a½) (1)
City, State, County and Court:
Auburn, Massachusetts, Worcester County Worcester District Court
Case Overview:
Auburn Police Officers were dispatched to a BJ’s parking lot for the report of a hit and run motor vehicle accident involving a pedestrian. The store manager reported that a motorist struck an employee in the parking lot and then left the area. The employee, who sustained injuries to his left elbow, wrist, and thigh, informed police that while he was pushing carts in the lot, the vehicle struck him and left the scene. Police were able to obtain the license plate of the vehicle from a witness and positively identified the registered owner. They contacted the owner by phone, and she admitted to being the driver who struck the employee and left the scene without providing her information. Auburn Police filed an application for criminal complaint against the driver for Leaving the Scene of Personal Injury. The driver received a summons in the mail to appear for a Clerk-Magistrate’s Hearing and retained the Law Office of John L. Calcagni III to represent her in connection with this proceeding.
Case Result: Application for Criminal Complaint to be Denied
Attorney Calcagni commenced his investigation on the driver’s behalf, communicated with the driver’s automobile insurance company, and confirmed that the carrier accepted liability for its insured’s actions. He also advised the driver to enter and complete an online distracted and defensive driving course. He then prepared and submitted a mitigation packet to the Clerk-Magistrate in advance of the hearing. At the hearing, Attorney Calcagni and his team persuaded the Clerk-Magistrate to hold the matter open for three months. If the driver remains out of trouble during that period, the application for criminal complaint will be denied.
