Clerk-Magistrate’s Hearing: All Criminal Charges Dropped.
A young girl was summonsed to appear for a
Clerk-Magistrate’s
Hearing upon a police officer’s application for the issuance of a
criminal complaint against her for
Negligent Operation of a Motor
Vehicle and Leaving the Scene of an Accident with Property Damage
Resulting.
The girl was driving home alone from a bar early one morning. She
resides in a rural area which has very thick vegetation, narrow roads
and poor lighting. She only consumed one beer at the bar. However, she
was tired and fatigued due to lack of sleep and a change in her sleep
pattern on account of her work schedule. The girl nodded off at the
wheel. When she regained consciousness, she realized she was about to
drive straight past her road. She made a sharp right turn onto her
street.
However, her vehicle traveled over a patch of sand and went out
of control. The vehicle then came to an abrupt stop after striking a
large tree, which totally destroyed the car. The girl managed to exit
the vehicle, though not from the driver’s side door, as it was damaged
in the collision. The girl stood alone on a dark, sparsely populated
roadway in the middle of the night. Unable to find her cell phone, she
ran up the road past several homes until coming upon one with lights on.
The girl approached the door and rang the bell. After being greeting
by the resident, the girl was able to use a telephone to call her
parents who lived further up the road. Her mother and father then
arrived in two separate vehicles. The girl’s father took her home to
get some rest while the mother proceeded to the accident scene to stay
with the damaged vehicle until the tow truck they had called for
arrived. While waiting for the tow truck, the girl’s mother was
approached by a police officer who inquired about the owner of the car;
time and cause of accident; and whereabouts of the driver. The police
were apparently notified of the accident by the tow truck operator. When
the officer learned from the mother about what had occurred, he
proceeded to the family’s home to interview the girl.
The officer went to the girl’s home and was initially greeted by her
father. The father let the officer inside at which time he met and
interviewed the girl. She admitted to consuming one beer earlier at the
bar; being tired and fatigued; getting behind the wheel under these
conditions; speeding; and falling asleep at the wheel. Based on her
admissions, as well as the damaged vehicle and tree, the officer cited
the girl with Speeding and advised her that he would also seek to
criminally charge her with
Negligent Operation of a Motor Vehicle and
Leaving the Scene of an Accident with Property Damage Resulting. Days
later, the officer’s promise came true when the girl received a summons
to appear for a
Clerk-Magistrate’s Hearing in District Court. These
hearings occur when a police officer seek to charge an individual with
misdemeanor offenses. The officer must apply to the Court for issuance
of a criminal complaint if he does not place the individual under
arrest.
The girl and her family retained Attorney Calcagni to represent her
in connection with the
Clerk-Magistrate’s Hearing. In preparation for
this event, Attorney Calcagni obtained a copy of the police report and
visited the accident scene. He then prepared the girl to provide
testimony to the
Clerk-Magistrate about what occurred that night from
her perspective. At the time of the hearing, a representative of the
investigating police department appeared. The police representative’s
testimony summarized the contents of the police narrative. Attorney
Calcagni cross-examined him to establish certain facts important to the
girl’s defense, namely, that no one saw or witnessed the accident; no
one saw or witnessed the manner in which the girl was driving; the
investigating officer found no evidence of intoxication or that the
consumption of one beer caused or contributed to the accident; and the
tree, which the officer alleged was damaged by the accident, was
previously marked for removal by National Grid, its owner. Thereafter,
the girl testified in response to Attorney Calcagni’s direct questions.
She specifically testified that after the accident, she had no way of
contacting anyone because she could not locate her cell phone. She
further described conditions of the road to include dark and poor
visibility, little to no lighting, no traffic at all, and essentially no
one to go to for help. Because of these factors, she chose to leave
the accident scene and go to a neighbor’s house to call for help. The
girl also testified that once her parents arrived, her dad took her home
while her mom waited with her damaged car until a tow truck arrived.
Following her testimony, Attorney Calcagni argued that the girl had done
nothing criminal. She is a hardworking young lady, bound for college,
with no prior criminal history, and with an otherwise good driving
record. He further argued that the girl acted reasonably on the night
of the accident by leaving the scene to get help and ensuring that her
mother remained present on scene while she went home with her father to
get some rest.
Attorney Calcagni also argued that the Court could not
conclude his client operated negligently absent any witnesses to the
event. In closing, he quoted the police officer by stating his client
was lucky the night of the accident in that she did not sustain any
personal injuries despite the total loss of her car. He told the
Clerk-Magistrate that he hoped that same luck would carry throughout the
hearing.
As a result of Attorney Calcagni’s efforts, all criminal
charges against the girl were
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 , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, 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.
