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Case Result

Negligent Operation of a Motor Vehicle

Negligent Operation of a Motor Vehicle

A woman was involved in a motor vehicle accident with a motorcyclist. She brought her vehicle to a complete stop with the intent of making a left hand turn across an opposite lane of travel. While negotiating the turn, the woman struck the motorcyclist. The collision ejected him from the bike and onto the pavement, which rendered him unconscious. Police and emergency rescue personnel were called to the scene.

The woman was fully cooperative with an accident reconstruction investigation. She informed police that she did not see the motorcyclist and fully accepted responsibility for causing the accident. Notwithstanding, the police cited her for Negligent Operation of a Motor Vehicle and applied for issuance of criminal complaint against her alleging the same. She and her family retained Attorney John L. Calcagni III to defend her in this matter.

On the attorney’s advice, the woman elected her right to attend a Clerk-Magistrate Hearing for the purpose of opposing the issuance of a criminal complaint. In preparation for this incident, Motor Vehicle Attorney John L. Calcagni prepared a mitigation packet for submission to the magistrate. This included information that his client was college educated, employed as a physical therapist with a non-profit organization, married with one toddler son, pregnant with twins and had no criminal history.

He also conducted an independent investigation, which yielded information that both motorists were insured, had determined the woman was 100% liable or at fault for the accident, and had accepted the injured motorcyclist’s personal injury claim. Attorney Calcagni also phoned the motorcyclist and determined that he was making a recovery and had retained legal counsel for purposes of his personal injury claim.

Attorney Calcagni used all of this information to persuasively advocate on the woman’s behalf and successfully convinced the magistrate to not issue a criminal complaint or charges against his client. The matter was resolved with the woman paying a nominal traffic fine. This outcome allowed the woman to avoid being criminally charges and having to defend herself in the criminal justice system.