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Motion to dismiss school zone drug violation allowed
Brockton District Court: Our client was charged with distribution of Class B drugs in a school zone. Until August of 2012, the school zone violation triggering distance was 1,000 feet. On August 2, 2012, the legislature passed the “Three Strikes” law, which reduced the school zone range to 300 feet. It was alleged that our client was selling drugs within 633 feet of a school. The prosecution took the position that the old law should be applicable because the complaint issued prior to enactment of the law. Denise Dolan of our office argued that the new law was applicable retroactively to pending cases. Today, the motion was allowed and the school zone portion of the complaint, which carries a mandatory minimum sentence, was dismissed.
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