Clerk Magistrate Does Not Issue Negligent Operation

June 7th 2021
Negligent Operation
Marked Lanes Violation
Client was a very pleasant father and hard-working computer professional who are charged with negligent operation of a motor vehicle and two civil citations. According to Police, he drove off the road late one night (early morning) and abandoned his vehicle. Shortly after he called the police and admitted that he was driving and wanted to report the incident. The police sent him a criminal citation and he retained Attorney Barabino right away. Attorney Barabino advised him of the 4-day rule to sign and return the citation if he was to ever be allowed a show cause hearing. He complied with that, which assured him that hearing. Moreover, they went to work to obtain the police report documentation and conduct a full interview of the client and his background. We also diagrammed the entire accident scene and lastly drafted a full memorandum to provide to the court detailing the law surrounding “operation” of a motor vehicle. Eventually, the day of the hearing occurred, client did not testify, and Attorney Barabino submitted the materials and argument that the client never be charged—which the magistrate agreed. This matter will never appear on any formal record.
RESULT: Clerk Magistrate Does Not Issue Negligent Operation