New Bedford District Court

MOTION TO DISMISS CHARGE OF OPERATING UNDER THE INFLUENCE OF ALCOHOL IS ALLOWED AFTER ATTORNEY PATRICK J. NOONAN PROVES THE POLICE VIOLATED THE DEFENDANT’S STATUTORY RIGHT TO A BAIL HEARING.

The Dartmouth Police Department arrested and charged the Defendant with Operating under the Influence of Alcohol (G.L. c. 90, §24(1)(a)(1); this being his second offense.

Result: Attorney Patrick J. Noonan filed a Motion to Dismiss on the grounds that the Defendant’s statutory right to an out-of-court bail hearing under G.L. c. 276, §58 was violated because the Defendant was unreasonably and unnecessarily held in custody for an excessive amount of time without ever being provided the opportunity to be bailed out by a Bail Clerk. Attorney Noonan introduced evidence showing that the Defendant was held in custody for approximately 11 hours without ever being afforded the opportunity to be bailed out and released from custody by a Bail Clerk. The Court agreed and dismissed the criminal complaint. The client was a long-time commercial truck driver.