Motor Vehicle Moving Violation: Dismissed.
State Police charged a motorist with making an illegal U-turn in front of a toll bridge. Police stopped the motorist after he crossed the bridge, made the illegal turn just before the toll booths, and then attempted to proceed back over the bridge. The motorist was fully cooperative with the State Trooper, who stopped his vehicle and issued the citation. The motorist hired Attorney Calcagni to represent him in traffic court.Though the issued ticket was only $85, the potential adverse impact to the motorist if he received a moving violation on his driving record was immeasurable. The motorist, licensed to drive in Massachusetts, had a less than favorable driving record. Within a period of a few years, he received several moving violations such as multiple instances of speeding, failing to obey traffic signals, reckless driving and a chemical breath test refusal. One more moving violation could have resulted in a license suspension.
Further, and perhaps most important, a license suspension would have ended the motorist’s new career. The motorist was recently hired by BMW as a service technician. As conditions to his employment, he was required to successfully complete a training course of several months in length and be insurable by the company’s automobile insurance carrier. The insurance requirement was of particular importance. Service technicians often test drive customers’ cars that undergo maintenance and repair. In order to do this in the scope of one’s employment, service technicians must be covered by BMW’s automobile insurance policy. The motorist in this case would be deemed uninsurable with another moving violation on his driving record. If uninsurable, he would be terminated from BMW and as a result, he would be required to repay more than $10,000.00 in tuition for attending BMW’s service technician school. Because of these potential collateral consequences to a moving violation conviction, the motorist and his family invested in hiring Attorney Calcagni to defend him in this matter.
Attorney Calcagni found it tactically advantageous to not initially advocate on his client’s behalf before the Traffic Tribunal or Traffic Court, but instead, to advocate first directly with the State Trooper who issued the ticket. After several calls, letters and other communications with the Trooper, Attorney Calcagni successfully convinced him to support dismissal of the citation upon the motorist’s performance of community service. With the State Trooper and Attorney Calcagni speaking with one voice, the two then approached the Traffic Court Judge and successfully convinced her to adopt their joint recommendation.
The joint recommendation provided that in exchange for the motorist’s performance of 30 hours of community service and payment of $35 in court costs, the matter would be dismissed. The Court accepted the joint recommendation engineered by Attorney Calcagni and upon proof of the motorist’s community service performance and payment of costs, the matter was dismissed.
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The Law Office of John L. Calcagni, III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , Assault and Battery and all criminal matters.
As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com
If you cannot make it to one of our offices, we will to come to your home or detention center.
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