On August 30, 2023, NN, a 44 year old software engineer from Rowley, was on his way home at about 1:20 in the morning after a “night out”. As he prepared to make a right turn onto his street, he missed the street. So he put his car into reverse and proceeded to back up. Unfortunately, he backed up into a neighbor’s driveway, striking the front end of a pick up truck that was parked in the driveway, pushing the back end of the pickup truck into the side of the garage causing damage to both the pickup truck and the garage. Not realizing what he had done, NN put his vehicle in drive and pulled out of the driveway and pulled into his own driveway, went in his house, and went to sleep!
Unfortunately for NN, parts of his car were left in the neighbor’s driveway and it did not take the police long to figure out that it was NN’s vehicle that had caused the damage. The police contacted NN and he made admissions to the police that he had been driving that early morning, but he had no memory of the accident. The police served a citation for leaving the scene of a property damage accident on NN, and a Clerk-Magistrate Hearing was scheduled in Newburyport District Court for October 25, 2023. NN consulted with and retained Attorney Robert Lewin from Andover.
Attorney Lewin contacted the homeowner whose truck and house had been damaged. Fortunately for NN the cost to repair the damage to the house and the pickup truck was not great. NN did not want to be surcharged on his insurance. Attorney Lewin was able to negotiate a reasonable settlement of the damage to the truck and the house which NN was more than willing to pay. Attorney Lewin then spoke to the police prosecutor from Rowley and explained that Attorney Lewin had been able to arrange for the neighbor to be fully paid for the damage that had been caused. In return, Attorney Lewin was able to get the police to agree that at the Clerk-Magistrate Hearing the police would not be opposed to a criminal complaint NOT being issued against NN.
On October 25, 2023, NN and Attorney Lewin appeared at Newburyport District Court for the Clerk-Magistrate Hearing. Attorney Lewin explained to the Clerk-Magistrate that NN had agreed to pay for the damage caused and that the amount of the payment had been agreed to and that NN was prepared to make the payment immediately. Attorney Lewin asked the Clerk-Magistrate NOT to issue a criminal complaint against NN. The Clerk-Magistrate agreed with Attorney Lewin’s proposal. The Clerk-Magistrate continued the hearing for six months and ordered that if the money to repair the truck and the house was paid and if NN stayed out of trouble then the case would be dropped. NN paid the money immediately.
On April 24, 2024, the money having been paid and NN having stayed out of trouble, the Clerk-Magistrate dismissed the application for a criminal complaint for leaving the scene of property damage that had been filed by the police against NN.
Attorney Lewin explained the following to NN:
- NO criminal complaint had been issued against NN.
- NN was NOT charged with any criminal offense.
- NN did NOT have to return to court and go before a judge.
- NO entry was made in the Criminal Offender Record Information (CORI) system against NN.
- NN had NO criminal record as a result of this incident.
- Because NN was able to pay for the damage himself and no insurance claim was filed, NN did NOT get any insurance surcharge and his insurance rates did not go up.
- NN did NOT lose his license.
Needless to say, NN was very happy with the result that Attorney Lewin was able to achieve.