Wilmington Man Faces Trafficking Charge after Breaking “Move Over” Law

 BOSTON, May 16, 2012—A Wilmington man who failed to change lanes or reduce his speed when passing a stationary State Police cruiser was arraigned on drug trafficking charges this week after troopers recovered more than 100 prescription painkillers and more than $1000 cash during the car stop that followed, Suffolk County District Attorney Daniel F. Conley said.

JOSHUA GIROUX (D.O.B. 5/14/89) was arraigned Monday in Charlestown District Court on charges of trafficking in oxycodone, possession of a Class B substance, possession of a Class E substance, and various civil infractions for the Saturday incident near the Route 99 Rotary in Charlestown. Assistant District Attorney Peter Pasciucco recommended that Giroux be held on $10,000; Judge Lawrence McCormick imposed bail of $2500.

State troopers on patrol in Charlestown were concluding an unrelated motor vehicle stop on Main Street with their emergency lights activated when Giroux passed their cruiser in a 2003 Hyundai Elantra with significant front end damage.  In violation of the 2009 “Move Over” law, he allegedly failed to move into the next adjacent lane or slow down.

The troopers entered traffic to stop the vehicle, which pulled over a short distance away. On request, Giroux produced a license but was unable to produce a registration, saying the vehicle was his friend’s girlfriend’s grandmother’s car. Giroux’s pupils were allegedly dilated and appeared to be impaired during this exchange, and the trooper at the passenger’s side window from his vantage point spotted what appeared to be the knotted end of a plastic baggie protruding from Giroux’s right pants pocket.

When asked what was in his pocket, Giroux allegedly pushed the baggie further into his pants and began moving around. The troopers then removed him from the vehicle. In the course of a pat frisk, they recovered a knife from his left pocket and from his right pocket one baggie containing 125 blue pills believed to be 30mg Oxycodone tablets and a second baggie containing two more Oxycodone tablets and two white pills believed to be Alprazolam, a sedative.

Giroux was taken into custody. An inventory of the vehicle led to the recovery of three orange pills believed to be prescription stimulants, a large number of plastic baggies, and a large number of rubber bands. A total of $1200 was seized from his back pocket, separate and apart from the cash in his wallet.

Giroux will return to court on June 11.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.