CHARGE OF NEGLIGENT OPERATION AGAINST COLLEGE STUDENT FOR CAUSING A SERIOUS CAR CRASH ON ROUTE 128 RESULTING IN INJURIES TO SEVERAL PEOPLE IS DISMISSED AT CLERK MAGISTRATE HEARING.

Massachusetts State Police and Gloucester Police were dispatched to Route 128 in Gloucester for a report of a head-on collision car crash. The Defendant, a college student, was driving with her four friends in her vehicle. Defendant approached Exit 13 when she realized that the turn off the exit was sharper than she had anticipated. She applied her brakes and attempted to make the sharp right-hand turn when her vehicle began to skid and she lost control of the vehicle. Her vehicle crossed the highway, traveled across the grassy infield, and struck another vehicle head-on. Investigators determined that the Defendant’s vehicle traveled a distance of 266 feet from the point where she applied her brakes to the point of impact with the other vehicle. There was significant and serious damage to both vehicles. All four passengers in the Defendant’s car were injured and transported to the hospital where several of them suffered from serious injuries. Police charged the Defendant with Negligent Operation of a Motor Vehicle also referred to as Operating to Endanger. G.L. c. 90, §24.

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk-Magistrate to drop the Negligent Operation criminal charge and to find his client responsible for speeding. Attorney Noonan pointed out that Exit 13 is a dangerous exit to those unfamiliar with it, as there is a deceptive sharp turn in taking Exit 13. The client was unfamiliar with the sharp turn, which played a factor in the accident. Attorney Noonan argued that his client’s car insurance had ample coverage to compensate those who were injured in the accident. Finally, Attorney Noonan pointed out that his client is an honor student at Salve Regina University in Rhode Island where she is studying in hopes of becoming a medical doctor. The client was negligent in operating her vehicle but Attorney Noonan felt that his client should not have to suffer the consequences of having a criminal record for causing this accident.