August 23, 2017

Leaving the Scene of Property Damage and Reckless Operation

Fitchburg District Court

Client a 33 year old Townsend, MA woman was charged with Leaving the Scene of Property Damage and Reckless Operation.

A reporting party called police while following my client and expressed an opinion that she was possibly intoxicated, had possibly been involved in a prior traffic accident due to the appearance of fresh damage to the vehicle and that the client caused a three car accident with the reporting party and then fled.

Since the charges were misdemeanors and the police did not witness the incident Attorney Riddle filed a Motion to remand the case back to a Clerk magistrate hearing rather than directly arraigning the client on criminal charges.  At the clerk’s hearing Attorney Riddle was able to show that the reporting party was tail gaiting the client for approximately one mile and was talking on his phone while following the client too closely.  It was as a result of the reporting party’s negligent operation of his motor vehicle and following the client too closely that caused him to rear end the client and caused another car to rear end him.  This intimidating behavior caused the client to drive away from the scene while in fear for her safety.

The Clerk Magistrate agreed finding no probable cause to issue the complaints and the client avoided the charges appearing on her record.