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Charges of OUI and Negligent Operation of a Motor Vehicle Against CPA do Not Issue After Clerk Magistrate Hearing
Our client is a CPA living in another state. In March of this year, shortly after midnight, she fell asleep behind the wheel of her car and got into an accident. Fortunately she was not injured. The police arrived and believed that she might be impaired. They had her perform several field sobriety tests all of which she failed. They arrested her and took her to the station where she was given a breathalyzer test. She passed the breathalyzer test yet she was summonsed for a clerk magistrate hearing alleging OUI drugs, G.L. c. 90 section 24 and negligent operation of a motor vehicle, also under G.L. c. 90 section 24. Today, the magistrate agreed that the OUI drugs charge was not supported and he did not issue the OUI complaint. A very compassionate state trooper then asked the clerk not to issue the negligent operation charge. No charges issued.
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