Motor Vehicle Crimes

Boston Motor Vehicle Crimes Lawyer

Boston Vehicular Crimes Defense Attorney

In Massachusetts, criminal motor vehicle offenses can be charged as misdemeanors, which carry a penalty of up to two and one-half years in the house of correction, or as felonies, which can carry much longer sentences. In addition to jail time, vehicular offenses may result in suspension of your Massachusetts driver's license and substantially higher insurance premiums. Depending on the type of crime with which you are charged, you may not be able to apply for certain kinds of employment or you may lose your current job if it involves the use of a company car. If you have been charged with a vehicular crime, you should seek legal representation as soon as possible. A skillful criminal defense lawyer may be able to persuade prosecutors to charge you with a less serious traffic offense, or not to charge you at all.

Before talking to police or investigators, contact motor vehicle crimes defense attorney David R. Yannetti today. He will evaluate your case and discuss how he can help you fight the charges against you.

Charges Involving Motor Vehicle Crimes

Attorney Yannetti represents clients in Boston and throughout Massachusetts charged with all types of vehicular crimes, including:

• Negligent operation of a motor vehicle
• Reckless driving
• Driving under the influence (DUI/OUI)
• Operating to endanger
• Vehicular assault
• Vehicular homicide
• Driving after suspension or revocation of license
• Motor vehicle theft or larceny of a motor vehicle
• Receiving stolen motor vehicle
• Uninsured motor vehicle

Addressing the Impact of a Motor Vehicle Crime

In addition to the criminal aspect of a vehicular crimes case, clients may also face license suspension issues with the Massachusetts Registry of Motor Vehicles. Attorney Yannetti represents clients in the criminal case to protect their freedom and in the civil case to protect their driver's license. Attorney Yannetti has been successful in both arenas.

Recent Motor Vehicle Cases:

January 25, 2010
Dedham Juvenile Court
Docket Nos. FIYO-9Q-0049 through -0052, FID-09D-0020 through -0025, FID-09Q-0035 through -0039
Client, a 16 year-old high school student, was indicted as a Youthful Offender and faced with 31 charges, including Larceny of a Motor Vehicle, Larceny of a Firearm, Carrying a Firearm without a License and Breaking and Entering into a Dwelling House with the Intent to Commit a Felony.  The prosecution alleged that Client and two friends broke into one home, stole jewelry and stole the car from the garage.  They then allegedly drove to Client's uncle's house, where they stole 9 firearms that had been locked up in the home.  Client gave a full confession to breaking into the first home.  If convicted as an adult -- which is generally the purpose of the prosecution when the seek "youthful offender" indictments -- client faced a minimum mandatory sentence of 1 1/2 years in the house of correction.  After initially retaining another attorney (with whom they were unhappy), Client's parents hired Attorney Yannetti.  Both of Client's friends pled guilty to all 31 charges they faced and both were prepared to testify against Client.  Today, despite the strength of the prosecution's case against Client, Attorney Yannetti persuades the prosecutor to dismiss 20 of the 31 charges Client faced.  In addition, Client admits to 9 of the charges as a juvenile and is placed on probation for those counts.  Client only admits to two "carrying of a firearm" indictments as a youthful offender -- and is not sentenced as an adult.  Instead, he is committed to the Department of Youth Services.  He therefore will obtain counseling and treatment rather than being warehoused in a prison cell.  Client may be released after as a few as six months.  Result: Twenty of Thirty-One Charges Dismissed, Client sentenced as a Juvenile and Avoids a Minimum Mandatory House-of-Correction Sentence.

June 22, 2009
Boston Municipal Court
Central Division
Docket No. 0801-CR-8913
Client, a 30 year-old professional, was charged with leaving the scene of an accident after causing property damage on the Massachusetts Turnpike. Client hired Attorney Yannetti to try to preserve his otherwise clean criminal record. Over the course of several months, Attorney Yannetti filed extensive discovery motions, which the judge allowed -- and with which the prosecutor had trouble complying. Today, Attorney Yannetti persuaded the judge to dismiss this case over the prosecutor's objection, because the prosecutor failed to comply with the discovery orders. Client therefore avoids a trial and avoids a conviction. Result: Case Dismissed.

June 22, 2009
Boston Municipal Court
Central Division
Docket No. 0901-CR-3131
Client, a 25 year-old law student, was arrested for operating under the influence of alcohol. The police alleged that Client sped through an intersection without stopping, drove the wrong way down a one-way street, refused to identify himself or otherwise cooperate with the police, and wound up calling the officers derogatory names before eventually breaking down and crying at the police station. Client hired Attorney Yannetti to minimize the damage to his otherwise clean criminal record. Today, Attorney Yannetti persuaded the judge to dismiss two criminal charges -- resisting arrest and failing to identify himself to the police -- over the prosecutor's objection. On the OUI charge, Client was given the minimum loss-of-license, the minimum fees and fines, and that charge was continued without a finding. Result: Client Has Two Criminal Charges Dismissed and Avoids a Conviction on the Remaining Charge.

June 10, 2009
Malden District Court
Docket No. 0850-CR-1362
In April of this year, this road-rage case was dismissed against Client after he had been placed on pre-trial probation and was ordered to receive anger-management counseling. Shortly after the dismissal, Client contacted Attorney Yannetti to petition to seal this case. Today, Attorney Yannetti succeeded in having all records of this conviction permanently sealed. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

June 3, 2009
Boston Municipal Court
East Boston Division
Docket No. 0805-CR-2342
Client, a foreign national in the U.S. on a student visa, failed to appear for his operating-after-suspension case back in January of this year. As a result, a warrant issued for his arrest. Client hired Attorney Yannetti to investigate and negotiate the terms of his surrender before the court. Attorney Yannetti contacted the prosecutor and eventually convinced him to agree that the charge should be dismissed. Today, Attorney Yannetti therefore brings Client into court to have the warrant recalled. Attorney Yannetti then persuades the judge to dismiss the case, on $200 court costs. Result: Application for Complaint Dismissed.

March 20, 2009
Framingham District Court
Docket No. 0849-CR-2437
Client, a married family man, was arrested for assault and battery and operating to endanger as a result of an alleged mishap on the Massachusetts Turnpike. Client allegedly drove through the "Fast Lane" tolls without having the proper transponder in his vehicle. When approached by a toll-taker, Client willingly provided his driver's license for identification, but refused to sign any paperwork. When the toll-taker resisted returning his license, Client grabbed it out of the toll-taker's hands -- causing the toll-taker to lose his balance and fall face-first onto the roof of Client's vehicle. Client then sped off. The toll-taker broke his front teeth. Client hired Attorney Yannetti who, after several months of negotiation, eventually persuades the toll-taker to sign an "accord and satisfaction." The toll-taker essentially agrees to tell the prosecutor that he does not wish to go forward with the case. Today, over the prosecutor's objection, Attorney Yannetti persuades the judge to dismiss the case against Client. Result: Case Dismissed.

November 21, 2008
Cambridge District Court
Docket No. 0852-CR-2613
Client, a physician, allegedly drove her car down a street clearly marked "do not enter," in violation of a municipal ordinance. When the police officer pulled her over, he learned that her driver's license had been suspended and she did not have her registration in her possession. Client therefore faced two criminal charges and one civil infraction and hired Attorney Yannetti. Attorney Yannetti appeared at her arraignment, having persuaded the judge to waive Client's own appearance to minimize her absence from her medical practice. At the pre-trial conference today, Attorney Yannetti convinces the prosecutor and judge to dismiss both criminal charges upon the payment of court costs, and to enter a "Not Responsible" finding on the civil infraction. Client therefore avoids any adverse consequences to her driver's license and criminal record. Result: Case Dismissed.

November 14, 2008
Somerville District Court
Docket No. 0810-CR-1698
In an incident of road rage, Client allegedly bolted out of his car, ran to the driver behind him and intentionally punched and broke a side rear-view mirror. A police officer witnessed the entire confrontation, including the smashing of the mirror. Client was arrested and charged with both malicious destruction of property and disorderly conduct. Today, Attorney Yannetti convinces the prosecutor not to take the case to trial, and instead to allow Client to be placed on pre-trial probation. The judge agrees. This means that Client does not admit to any crime. After six months, the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.

October 31, 2008
Lowell District Court
Clerk's Hearing
Client, a software engineer, was stopped for driving his motorcycle 65 mph in a 35 mph zone, in a residential neighborhood. After he failed to immediately pull over for the police, the officer charged him with the criminal offense of operating to endanger, in addition to citing him for going 30 mph over the speed limit. Client faced a hefty speeding fine, as well as the prospect of a criminal record, so he hired Attorney Yannetti to represent him. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate not to issue a criminal complaint alleging operating to endanger, and to instead allow Client merely to pay the minimum fine for speeding -- saving client a criminal record and hundreds of dollars in fines on the speeding citation. Result: Application for Complaint Dismissed.

December 19, 2007
Orleans District Court
Docket No. 0726-CR-0761
Client rented a motor vehicle which was then involved in a serious one-car accident. When the police arrived, Client's girlfriend was barely conscious in the front passenger's seat. Client was pacing back and forth on a nearby street. The investigating officer quickly concluded Client was drunk and brought him back to the scene of the accident. After speaking with eyewitnesses, the police charged Client with operating under the influence (OUI/DUI), leaving the scene of an accident after causing personal injury, and operating a motor vehicle recklessly. Client hires Attorney Yannetti, who ultimately schedules the matter for trial. Pre-trial, Attorney Yannetti files several motions in limine, asking the judge to exclude from evidence: (1) any identification of Client; and (2) his blood alcohol level. Attorney Yannetti also prepares a persuasive motion for required finding of not guilty. Today, Attorney Yannetti convinces the judge to dismiss all three charges over the objection of the prosecutor. Result: Case Dismissed.

December 10, 2007
Boston Municipal Court
Roxbury Division
Clerk's Hearing
Driving home from work shortly before midnight, Client crashed his car into a guardrail. When the state police arrived to investigate, a state trooper charged him with driving with a revoked registration and no insurance. Client hires Attorney Yannetti, who schedules a clerk's hearing on the application for a complaint. Today, Attorney Yannetti spoke with the state trooper prior to the hearing and demonstrated the efforts that Client took to rectify his registration and insurance problems. The state trooper and the assistant clerk magistrate then agreed that no complaint should be issued against Client. Client's record therefore remains completely clean. Result: Application for Complaint Dismissed.

June 5, 2007
Boston Municipal Court
Brighton Division
Clerk's Hearing
Client, a college senior, was stopped twice for speeding in a two-week period. Regarding the first citation, Client paid the ticket (for driving 85 mph in a 55 mph zone) without contacting an attorney. The second officer to stop him, however, alleged that he was driving 73 mph in a 30 mph zone and charged him with the criminal offense of operating to endanger as well. At the clerk magistrate's hearing today, the officer testified that his department has issued 50,000 citations in the last 18 years and the previous "record" for the highest speed ever recorded on that road had been 71 mph. Nonetheless, Attorney Yannetti convinces the clerk magistrate not to issue a criminal complaint alleging operating to endanger, and to instead allow Client merely to pay the fine for speeding. Result: Application for Complaint Dismissed.

May 31, 2007
Leominster District Court
Docket No. 0761-CR-0169
Client, a professional driver who transports the elderly and the handicapped, was off-duty one night and arrested for operating under the influence of drugs, as well as possession of cocaine and pills. Client allegedly veered off the road and crashed into the woods. When the police arrived, Client was disoriented and paramedics reported that his heart was racing uncontrollably. The police found in his vehicle crack cocaine, as well as several unbottled prescription pills, including promethazine, alprazolam and cyclobenzaprine. Client admitted that the cocaine and pills were his. If convicted of OUI-drugs or either of the narcotics possession charges, Client's driver's license would have been suspended for one year. After several court dates, Attorney Yannetti convinces the prosecutor to (1) dismiss the OUI-drugs charge and allow Client to admit only to operating a motor vehicle negligently; (2) dismiss the possession of a class E controlled substance charge and allow Client to admit only to the possession of a class B controlled substance charge; (3) recommend that Client be found "not responsible" for the marked lanes civil motor vehicle infraction; and most importantly: (4) recommend that the operating negligently and possession class B charges both be "continued without a finding," meaning that Client will not lose his driver's license and will not ultimately have a criminal record if he complies with probation. The judge agrees to adopt the agreed-upon recommendation. Result: OUI-drugs and possession class E charges dismissed, Client retains his driver's license and avoids any criminal conviction.

May 22, 2007
Boston Municipal Court
Brighton Division
Docket No. 0708-CR-0252
Client, a foreign college student in this country on a student visa, was cited for driving an uninsured motor vehicle with a revoked registration -- two criminal charges. Today, Attorney Yannetti convinces both the prosecutor and the judge to dismiss both charges on $150 court costs. Most importantly, the judge agrees to dismiss the charges before Client's arraignment -- so there will be no entry at all on Client's criminal record. Result: Case Dismissed.

May 17, 2007
Boston Municipal Court
Central Division
Docket No. 0601-CR-5873
Client, a college student, was charged with motor vehicle homicide. Last year, he allegedly drove his car into a wall while traveling 94 mph with a blood alcohol level well over the legal limit. Tragically, his passenger -- and best friend -- died. If the district attorney's office insisted on prosecuting him under chapter 90, section 24G, subsection (a), Client faced possible indictment by a grand jury and a minimum mandatory one-year state prison sentence. Over the course of several months after the accident, Attorney Yannetti persuaded the prosecutor and the victim's attorney that Client should not be indicted. Attorney Yannetti then convinced the prosecutor to proceed under subsection (b) -- which would allow Client to avoid the minimum mandatory one-year prison sentence. Today, Attorney Yannetti convinces a B.M.C. judge to sentence the defendant to serve 59 days in the house of correction. When released, Client will be on probation for 5 years with the remainder of his sentence suspended, and he will have to perform 200 hours of community service. Result: Client avoids indictment, avoids state-prison, avoids the minimum-mandatory one-year sentence, and will be released from the house of correction in July.

January 11, 2007
Cambridge District Court
Clerk Magistrate's Hearing
Client, an executive, was facing a charge of wrongfully attaching plates to her motor vehicle. At the clerk magistrate's hearing today, Attorney Yannetti convinces the clerk magistrate and the police prosecutor that Client was not at fault. Result: Application for Complaint Dismissed.

December 11, 2006
Boston Municipal Court
Charlestown Division
Docket No. 0604-CR-0627
Client was charged with failing to stop for a police officer who had attempted to pull over his motor vehicle. At Client's arraignment today, Attorney Yannetti convinces the prosecutor and the judge that Client was not at fault. Result: Case Dismissed.

October 19, 2006
Cambridge District Court
Docket No. 0652-CR-1681
Client, a scientist, was charged with leaving the scene after causing property damage as a result of a motor vehicle collision near his home. Today, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation - meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.