Citation Delay in motor vehicle accident clears defendant

2008-08-15 15:49:55 (GMT) (JusticeNewsFlash.com - Auto Accident, Massachusetts)

Hull, Massachusetts (JusticeNewsFlash.com – News Report) – Defendant Dennen recently requested that a dismissal motion be granted in response to Hull Police Detective Lepro’s delay in issuing him a citation - a delay that lasted seventeen days. According to an article in Massachusetts Lawyers Weekly, Dennen was charged with ‘reckless operation of a motor vehicle, racing a motor vehicle and a civil infraction of speeding in violation of a special regulation.’

This case also involved the automobile accident of a Thiago Caldeira who separately crashed his vehicle with passenger Catherine Crocker inside. She was killed. Police Detective Lepro questioned Dennan at the scene of the crash, wherein Dennen admitted he was speeding, but denied racing Caldeira. Five days later, the police charged Caldeira with motor vehicular homicide but did not press any charges or issue any citations to Dennan.

During the fifteen-day investigation, Dennen had no knowledge that he was being suspected as part of the crash causing bodily injury. Once the investigation was complete, Detective Lepro issued a citation, which stated Dennen was involved in an accident that resulted in a death. Dennen rightly contested this, arguing that he had confirmed with the police that he was not racing Caldiera, had no knowledge he was being tried as part of this crash, neither was issued the citation fifteen days earlier. It is unlawful for the police to wait that long when no further evidence was found against Dennen during those days. Therefore, Dennen’s motion to dismiss was granted.

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Written by Legal Reporter · Filed Under Auto Accident, Massachusetts