An attorney for Boston City Councilwoman Kendra Lara wants to dismiss the charges she faces in connection with a car accident in June that injured her 7-year-old son and damaged a home on Jamaica Plain.
Lara was allegedly driving an unregistered and uninsured car without a valid driver’s license when she crashed into a home on Center Street. Officials said she was driving at a minimum of 85 km/h within a 25 mph zone and her son was not properly buckled up at the time.
The councilman has pleaded not guilty to counts of, among other things, negligent driving, assault and physical harm to an injured child, driving a motor vehicle with a disqualified driver’s license, driving an unregistered motor vehicle and driving an uninsured motor vehicle The Boston Globe.
Lara was back in court for a preliminary hearing on Wednesday morning. The globe reported that her attorney, Carlton Williams, argued that the case should be dismissed because officers did not give her a subpoena at the time of the crash.
“[I]”It was the duty of the Boston Police Department to provide the defendant with a copy of the subpoena at the time and place of the crime,” Williams wrote in a filing globe. “That wasn’t done. The correct remedy for this oversight is dismissal.”
But prosecutors fought back, explaining in a motion before the court globe that the police sent subpoenas to the address Lara had given on the day of the accident. In addition, they argued that the need for a further investigation also warranted a delay in serving subpoenas.
The two sides are expected to discuss the motion to dismiss on October 20. WBUR reported.
The next court date is after the September 12th municipal preliminary election in Boston, in which Lara will be running District 6 challengers William King and Benjamin Weber in their race for re-election.
Despite calls for her resignation, Lara has stressed that she will focus on City Hall while her case goes to trial.
“I am committed to conducting the trial,” Lara said after Wednesday’s hearing, according to WBUR. “Until then, I will make sure I can continue to serve the people in my district.”
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