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Judge dismisses charges against leaf-blower user

September 18, 2013

BROOKLINE, Mass. (AP) — A judge has dismissed charges against a landscaper accused of ignoring a Brookline police officer questioning him about the illegal use of a leaf blower.

Charges against Marvin Astillo of Waltham were tossed this week right before his arraignment because his alleged offenses were civil violations, and not subject to criminal arraignment.

Brookline bans the use of leaf blowers between May 15 and Sept. 15, and before 9 a.m. on weekends and holidays.

Authorities alleged Astillo violated the ordinance by using the leaf blower before 9 a.m. on Saturday, Sept. 14.

Violating the ordinance carries a fine of up to $200.

When police asked Astillo for his name, he refused and was arrested.

Chief Daniel O’Leary says if Astillo had just identified himself when asked, he wouldn’t have been arrested.

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