Criminal Defense Attorney

Operating After Suspension as a Habitual Traffic Offender – Clerk Magistrate’s Hearing – No Complaint Issued

EC, a 30-year-old salesman, was pulled over by police after rolling through a stop sign. His mother was in the passenger seat. At the time EC’s license had been suspended; he had accrued too many traffic infractions. In fact, the RMV designated EC as a Habitual Traffic Offender because he had been convicted for 3 “major moving violations” over the course of 5 years.

EC was driving because his mother had an injured leg and was unable to operate a motor vehicle. He was taking her to run errands. Rather than arrest him, the officer issued a traffic citation. EC hired Henry Fasoldt to represent him. Henry told EC to sign the back of the citation and bring it to the Clerk Magistrate’s office at the courthouse. EC did so. 3 months later EC had a hearing. Henry explained and showed the Magistrate that EC was driving, not because he was flouting the law, but because he needed to help his mother. The magistrate struggled with the decision; he felt uncomfortable dismissing the citation because of EC’s driving history. On the other hand, EC was honest and forthcoming. He showed the clerk that EC had made strides toward obtaining his license again and that his mother was truly injured.

Ultimately the complaint was “Not Issued.”