Motor Vehicle Case Results

Boston, MA Motor Vehicle Crime Case Results

Chelsea District Court

The client was charged with felony malicious destruction of property, leaving the scene of property damage, providing a false motor vehicle document and several motor vehicle infractions. The police alleged they were following a car when the car turned into a driveway at an apartment building. As the client approached a closed garage door, the client and two other passengers opened the door and got out of the vehicle while the car drifted into the garage door. Chelsea Criminal Defense Attorney Jeff Miller seeks discovery of evidence relating to the damage as well as any evidence to demonstrate the client acted with cruelty, hostility or revenge as required by the statute. Criminal Defense Lawyer Jeff Miller prepares a motion to dismiss and sets the case for trial.

Result: On the day of trial, the Commonwealth concedes the motion to dismiss. Client receives a small fine for one of the motor vehicle offenses.

Quincy District Court

The client was driving in the area of Milton, MA in the early morning hours. The client was alleged to have stuck a fire hydrant, bushes and a sign pole. When Police arrived, the client was parked off to the side of the road a short-distance away. The client stated he did not have any recollection of what occurred because he had passed out. The officer put the client through a series of field sobriety tests to determine if he was under the influence. The client passed the test. The client was summonsed to court for a clerk-magistrate’s hearing to determine if a criminal complaint would issue. The client had visited the hospital the day of the incident and it was determined that he had fainted due to a severe cough. Massachusetts Clerk-Magistrate hearing defense Attorney Jeff Miller prepares for the hearing.

Result: Quincy Criminal Defense Attorney convinces Clerk-Magistrate not to issue a complaint. Application for complaint denied.

Chelsea District Court

The police responded to a report of an accident in the city of Chelsea.  When they arrived, they spoke with the alleged victim.  The victim stated a white van had struck his car.  The victim spoke with the driver and the driver left without identifying himself.  The victim wrote down the license plate number.  No other identifying information about the driver was provided to the police.  The van was registered to the client.  The client was charged with leaving the scene of property damage.  Massachusetts Leaving the scene of property damage lawyer Jeff Miller draft a motion to dismiss.

Result:  On the day of the hearing, the Commonwealth concedes the motion.  Motion to Dismiss ALLOWED.  Case dismissed.

Chelsea District Court

The client was charged with Operating with a suspended license and as a Habitual Traffic Offender.  The client was stopped for driving with a suspended license.  The Officer charged him as a Habitual Traffic Offender.  Massachusetts Operating with a Suspended License Defense Attorney Jeff Miller reviews the discovery.  Attorney Miller prepares a Motion to Dismiss the Habitual Offender portion of the charge.  NOTE:  Operating with a suspended license carries a maximum penalty of 10 days in the House of Correction.  The same charge as a Habitual Offender carries a maximum sentence of 2 years in the House of Corrections.

Result:  On the day of the Motion to Dismiss, the Commonwealth concedes the Motion.  The client admits to sufficient facts for the Operating with a suspended license.  The client receives a short probationary period and no loss of license.

Chelsea District Court

The client was charged with drag racing and reckless operation of a motor vehicle.  The prosecutor alleged the following:  An off-duty police officer was stopped at a red light.  The officer “felt the breeze” when  car blew past his while traveling through a red light.  The officer estimated the car’s speed at 90 m.p.h.  The officer reported his observations to the police station and gave a general description of the car.  A short-time later, a second off duty police officer observed two cars stopped at a red light.  The officer reported the cars were revving their engines and “staging” for a race.  The officer observed the two cars “burn out” and accelerate at a high rate of speed.  A short-time later, a serious accident occurred approximately one mile for the original sighting of the cars.  Attorney Jeff Miller prepares for trial.

Result:  Jury trial commences.  At the close of the Commonwealth’s case, the Judge finds the evidence insufficient to go to the jury and directs a finding of NOT GUILTY on both counts.

Woburn District Court

The client was charged with Leaving the Scene of Property Damage and Negligent Operation of a Motor Vehicle.  The government alleged the client was involved in an accident and left the scene of the accident without making himself known.  The client received a criminal citation in the mail.  The client returned the citation and requested a clerk’s hearing.  The client never received notice of the clerk’s hearing.  The client did receive a summons for arraignment.  Woburn, MA Criminal Defense Attorney Jeff Miller moves to dismiss the case prior to arraignment based not he fact the client had not received a clerk’s hearing.  Attorney Miller also notices a fatal defect in the citation.

Result:  Case dismissed prior to arraignment.  The charge will never appear on the client’s record.

Chelsea District Court

The client was charged with leaving the scene of property damage.  Police responded to an auto accident.  When they arrived, the police observed two cars with damage from the accident.  Only one driver, the alleged victim, was present when police arrived.  No driver of the second car was present when the police arrived.  Police ran the registration of the second car.  The car was registered to the client.  Chelsea, MA Criminal Defense Lawyer Jeff Miller files a discovery motion seeking information about how the police identified the client as the driver.  Massachusetts Criminal Defense Attorney Jeff Miller prepares a motion to dismiss the complaint focusing not he fact that the identification was insufficient to proceed with criminal charges.

Result:  On the day of the motion to dismiss hearing, the Government concedes the motion.  Case dismissed.

Chelsea District Court

The client was charged with Felony Larceny of a Motor Vehicle.  The Government alleged the vehicle in question was a rental car.  The clients’ wife had rented the car.  The client and his wife were engaged in an argument while at the courthouse.  When the client’s wife entered the courthouse, the client drove the car home.  The client’s wife reported the car stolen.  Chelsea, MA Larceny Defense Attorney Jeff Miller prepares the case for trial focusing on the specific intent element of larceny that the Government needs to prove beyond a reasonable doubt before securing a conviction.

Result:  Case Dismissed on the day of trial.

Boston Municipal Court
Roxbury Division

The client was summonsed to court for arraignment on a variety of motor vehicle offenses including criminal negligent operation of a motor vehicle.  The client never received notice for a clerk-magistrate’s hearing.  Boston Municipal Court Criminal Defense Attorney Jeff Miller moves to dismiss the complaint and remand back for a clerk’s hearing.  Motion ALLOWED.

Result:  Case dismissed, remanded for a clerk’s hearing.

Boston Municipal Court
Central Division

The defendant is charged with leaving the scene of property damage.  The government alleged the defendant backed into another car and left without making himself known.  Attorney Miller files discovery motion seeking disclosure of damage.  The government does not provide any information.  Boston, MA Leaving the Scene of Property Defense Attorney Jeff Miller prepares for trial.

Result:  On the day of trial, case dismissed.

Boston Municipal Court
Central Division

The defendant is charged with Leaving the Scene of Property Damage and Negligent Operation.  The defendant was not arrested at the scene.  The police sent the defendant a summons in the mail.  Massachusetts Negligent Operation Defense Attorney Jeff Miller investigates and discovers the citation did not comply with the “no-fix” statute.  Attorney Miller files a motion to dismiss.

Result:  Prosecutor concedes the motion to dismiss, case dismissed.

Testimonials

Contact Us Today!

12 + 14 =