Gloucester: Criminal Motor Vehicle Violation: Case Dismissed (Prior to Arraignment)

Summary of Facts:  Our client’s motor vehicle was found parked illegally by an Officer of the Gloucester Police Department. When the officer queried the vehicle’s license plates, it was discovered that the vehicle’s insurance had lapsed and that our client’s license had been suspended as a result. The officer mailed our client a citation, charging her with an uninsured motor vehicle and a suspended license. The citation was delivered almost two weeks later, on the day before Thanksgiving. When our client attempted to exercise her right to a magistrate’s hearing after the holiday, she was denied because a summons for her arraignment had already issued.

Action: Attorney Alexander Conley represented our client. He prepared arguments to dismiss the complaint, based on the failure of the Gloucester Police to follow the proper procedures when issuing the citation. Our client was also advised to provide evidence that her vehicle had been subsequently insured. At the date scheduled for arraignment, Attorney Conley addressed the procedural violations with the prosecutor and provided evidence that our client had insured the vehicle. After negotiations, the prosecutor agreed to dismiss the case prior to arraignment.

Result: The case was dismissed prior to arraignment. Our client was spared a criminal record, and was not required to pay any fees or fines associated with the charge.