November 29, 2023
Reckless Operation of a Motor Vehicle
Failure to Stop for Police
Speeding
Marked Lanes Violation
Immediate Threat Designation from the Registry of Motor Vehicles (RMV)
Client was a very pleasant, hard-working dad. On the day of the incident, he was late for work. While driving there, he was speeding. He also admittingly went over marked lanes of the road. Client was unaware that while he was speeding that there was a police car behind him. Then, when he went around the car over the marked lanes, the police decided to put on the emergency lights to affect a motor vehicle stop. However, Client was traveling at a speed that was excessive enough where the police didn’t feel comfortable stopping him. However, they did have his license plate and they did make a solid identification of client. Based on that they sent him a criminal summons for two driving charges, failure to stop for police, reckless operation of a motor vehicle, and two civil citations. The officer also made an immediate threat petition to the Registry of Motor Vehicles. This immediately suspends the license of that person until the case resolves, which in some instances can take up to a year from the date of offense. However, Client stood ready to do whatever he could to avoid the criminal charges on his criminal record and get his license reinstated at the earliest possibility. Days after the incident, Attorney Barabino went in person to the court to file his appearance for the case and request an early magistrate hearing. Given the immediate threat designation, this was allowed. Also, Attorney Barabino filed for a hearing at the Registry of Motor Vehicles soon after the scheduled criminal hearing—just in case he and Client were able to pursude the magistrate and officer that the charges should not issue. In the meantime, Client attended two driving classes and worked with Attorney Barabino on the hearing preparation. At the hearing, the magistrate found that the criminal charges were not supported by probable cause. Client would only have to pay the two civil citations. The RMV required three driving classes of which two were already done. Another RMV hearing occurred today, as client had done third school in the interim, and his license was reinstated.
RESULT: License reinstated (quickly) after immediate threat designation; no probable cause for criminal offenses found