LEAVING SCENE OF PROPERTY DAMAGE: DISMISSED

Client, a professional truck driver of 40 years, was charged with Leaving the Scene of Property Damage. Defendant worked for a tractor-trailer company. He was dispatched to deliver a 60-foot trailer to a residence in Canton. On the way to the residence, Defendant struck a large overhanging tree limb, which remained on the top of the trailer. The tree limb then pulled down cable wires from two residences. At the Clerk’s Hearing, Attorney Patrick J. Noonan introduced evidence that the Defendant was unaware that he struck the tree limb and cable wires. Photographs showed the large size of the trailer. Photos of the side mirrors show that it would have been impossible for the Defendant to see the tree limb.

Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate not to issue the criminal complaint against professional truck driver of 40 years.