A woman from Raynham, Massachusetts was involved in a single-vehicle accident and subsequently cited for:
- Marked Lanes Violation, in violation of M.G.L. c. 89, § 4A
- Uninsured Motor Vehicle, in violation of M.G.L. c. 90, § 34J
- Unregistered Motor Vehicle, in violation of M.G.L. c. 90, § 9
Police were dispatched to the scene of a one car motor vehicle accident. Upon arrival, police located the vehicle and learned from an eyewitness that it had veered from the northbound to the southbound lane of a two-way road, struck a mailbox, and then proceeded through a fence, striking a camper. Police met with the driver of the vehicle, who stated that her brakes failed, causing her to lose control of the vehicle. The driver then admitted to police that she was aware that the vehicle was unregistered and uninsured. Police generated an accident report and photographed the property damage caused by the accident. The woman was cited for a Marked Lanes Violation, Uninsured Motor Vehicle, and Unregistered Motor Vehicle. Police then filed an application for criminal complaint against the woman, prompting her to appear for a Clerk Magistrate’s Hearing in Taunton District Court. Beforehand, she hired Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent her at this important event.
Case Result: Application for Criminal Complaint Denied.
Following the Clerk-Magistrate’s consideration of the facts set forth in the police report, and oral argument and the presentation of evidence by Defense Counsel, the Clerk-Magistrate denied the police department’s application for criminal complaint.