Massachusetts Criminal Lawyer Blog
On March 29, 2019 MM, a 54 year old technician from Wilmington, appeared in Lowell District Court with Attorney Robert Lewin from North Andover, for a Clerk-Magistrate’s Hearing on a charge of Leaving the Scene of a Property Damage Accident. After a full hearing the Clerk-Magistrate dismissed the application for criminal complaint and no criminal complaint was issued against MM.
On April 3, 2019 DL, a 38 year old waitress from Gloucester, appeared in Gloucester District Court with Attorney Robert Lewin from North Andover, for a Clerk-Magistrate Hearing on a charge of Leaving the Scene of a Property Damage Accident. After a full hearing the Clerk-Magistrate continued the hearing for six months and ordered that the application for criminal complaint would be dismissed at the end of the six months provided DL stayed out of trouble. The Clerk also ordered that DL would not have to return to court on the six month date.
As a result of these dispositions it should be noted:
- No criminal complaint was issued against either MM or DL.
- No entry will be made on the criminal record of either MM or DL. Neither MM nor DL has a criminal record as a result of this case.
- Neither MM nor DL has to return to court.
- Neither MM nor DL suffered a loss of license.
- For both MM and DL it was as if the incidents did not happen.
The facts of the two cases were similar, although certainly not identical. MM was driving home from work in the late afternoon. His front left tire blew out and his car swerved over the center line of the road and he sideswiped a car heading in the opposite direction. MM continued on down the road and finally had to stop in a supermarket parking lot to change a tire. Another motorist had seen the accident, got MM’s registration plate number, and called it into the police. The police went to MM’s house and his wife told the police that MM had the car. MM’s wife gave the police MM’s cell phone and the police called MM. He admitted to them that he had been involved in the accident but told the police he had no safe place to pull over. The parking lot where he finally pulled over was 5 miles from the accident scene.
DL was driving home from a night out. She was on the street where she lives. She sideswiped a car parked on the side of the street shearing off her passenger side mirror and the drivers side mirror of the parked car. She continued on home and went inside her house and went to bed. The next morning the police and the neighbor whose car was struck showed up at her front door. After some hesitation she admitted to the police that she had struck the parked car.
In both cases Attorney Lewin contacted the insurance companies for MM and DL. Attorney Lewin obtained written confirmation from the two insurance companies that the owners of the cars that were struck had been fully reimbursed for the damage done to the two cars. Then Attorney Lewin contacted the police prosecutors for each of the two towns involved and was able to negotiate a resolution of the cases where the police would not object to Attorney Lewin’s requests that no criminal complaints be issued against the two drivers.
These cases were both successfully won because (1) they were fully prepared, (2) Attorney Lewin had obtained the necessary documentation to show that the “victims” had been fully reimbursed for the loss of their cars, and (3) Attorney Lewin had spoken with the police before the hearings and had been able to negotiate a favorable resolution of the cases before the hearings. Attorney Lewin brings this level of attention and detail to every criminal case that he handles.