Operating To Endanger–No Complaint Issued

The client was driving in Western Massachusetts on a country road uphill behind a tractor trailer truck. When he veered into the other lane he saw a bicyclist coming downhill at him. Both the client and the bicyclist unsuccessfuly tried to avoid a collision, and the bicycle rider sustained a number of injuries, including a broken leg.

The police charged the client with several violations including operating to endanger. Right after the accident the police made an immediate threat complaint to the Registry of Motor Vehicles and the client’s driver’s license was indefinitely suspended. Because he was employed as a truck driver this caused him a significant hardship.

A hearing before a Clerk-Magistrate was scheduled. After the police described the accident I was able to argue that the client had already lost his license for several months because of the immediate threat suspension and that he would have to take a driver education class before getting his license back. I was able to convice the Clerk-Magistrate not to issue a criminal complaint thereby allowing the client to apply for reinstatement of his license and to get back to work as a truck driver.