OUI 3rd Offense Reduced, Probation Avoids Jail in Taunton Court
Criminal Charges:
Man charged in Taunton District Court for:
- Leaving the Scene of Property Damage, in violation of M.G.L. c. 90, § 24(2)(a)
- Negligent Operation of a Motor Vehicle, in violation of M.G.L. c. 90, § 24(2)(a)
- Operating Under the Influence of Liquor, 3rd Offense, in violation of M.G.L. c. 90, § 24(1)(a)(1)
City, State, County, and Court:
- Raynham, Massachusetts
- Bristol County
- Taunton District Court
Case Overview:
Police were dispatched to a motor vehicle accident where the car involved had fled the scene. Police spoke to a witness who stated the driver looked like he was asleep at the wheel, veered into the oncoming lane, struck a curb, and veered across two lanes onto a residential lawn and struck a parked vehicle. Because a nearby school had just been released, there were many pedestrians in the area. Police located the operator and vehicle approximately 2 miles away while he was trying to change one of his front tires that flattened during the accident. When police spoke to the operator, they detected an odor of alcohol emanating from his breath and observed his eyes to be glassy and bloodshot. He was also unsteady on his feet and had slurred speech. Police also observed front-end damage to the operator’s vehicle. They placed him under arrest for Leaving the Scene of Property Damage, Negligent Operation of a Motor Vehicle, and Operating Under the Influence (OUI), 3rd Offense, for which he faced a 6-month mandatory minimum jail sentence. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him in his case.
Case Result: Probation.
After reviewing all the evidence, and ongoing negotiations with the Commonwealth, to include its consideration of a lengthy mitigation packet submitted on the man’s behalf, Attorney Calcagni and his team successfully convinced prosecutors to amend the OUI charge to a 2nd offense, sparing the man from mandatory jail, and placing him on probation for 2 years.