Legal Question in Criminal Law in Massachusetts

I have warrants out for the following in MA:

(3x) leaving scene of accident - property damage (no injuries/death - thank goodness)

neg. operation

failure to stop

I was intoxicated, don't remember any of this happening, but by the time I was located, I was passed out in my car with keys out of ignition and was taken to a hospital for evaluation. I had since gone to rehab for 5 months and just got back into MA earlier this week. I called the court the day before my arraignment (June 12) explaining where I was and the woman told me to come in and remove my warrants. I want to go in and do this, but want to have an idea of what to expect when I get there. I am reading fines between $20-$200 and jail 2 wks - 2 yrs. Can anyone please provide any advice?


Asked on 9/30/12, 5:33 pm

1 Answer from Attorneys
James Hall Qua, Hall, Harvey & Walsh

I don't think anyone will advise you electronically in an extensive fashion due to the issues, but what happens when you report to remove the defaults depends upon a number of factors including your record. It certainly helps that you were in rehab but such wouldn't explain why you didn't report after your exit from rehab. Also, while it depends upon the facts, case law suggests that you be construed as "operating" the vehicle if the keys were in the front seat and/or within reach. You also likely had a blood draw to determine your BAC level at the hospital. www.qhhw.com

James P. Hall

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Answered on 10/24/12, 7:28 am


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