On October 19, 2022, EJ, a 28 year old Logistics Analyst, was driving her car on Rt. 3 North in Chelmsford. She went off the road and crashed into a sign and guardrail. The State Police responded. EJ had a restriction on her license that she was supposed to wear corrective lenses (eyeglasses) when driving. She was not wearing her glasses and admitted that to the police. The police cited EJ for violation of a restriction on her license (a criminal offense) and unsafe operation (a civil violation). EJ requested a hearing at Lowell District Court. Three and a half years later in early 2026, EJ received a Notice of a Hearing on an Application for Criminal Complaint from Lowell District Court on this citation. EJ contacted and retained Attorney Robert Lewin from Andover.
There is a little known law (most lawyers are totally unaware of it) that requires the police to file their copy of a criminal citation with the Court within SIX DAYS of the violation. Attorney Lewin immediately went over to Lowell District Court and reviewed the court papers and discovered that the police had delayed three and a half years and did not file the citation at court until 2026. Attorney Lewin prepared a Motion to Dismiss the case.
On June 12, 2026, EJ and Attorney Lewin appeared at Lowell District Court for the hearing. The hearing began and the police officer began to read the police report to the Clerk-Magistrate. As soon as the Police Officer recited the date of the offense as being in 2022, the Clerk-Magistrate (whom Attorney Lewin has known for over 30 years) looked over at Attorney Lewin. Attorney Lewin held up his Motion To Dismiss the case and was about to hand it to the Clerk-Magistrate, when the Clerk-Magistrate put her hand up and said “no need to”. I’m DISMISSING the application for the crimimal complaint and I am entering a finding of NOT responsible of the civil violation. It was a complete and total win. The Clerk-Magisdtrate did turn and say to EJ: “Wear your glasses when you drive.”
Massachusetts Criminal Lawyer Blog

