On September 12, 2023, BY, a Registered Nurse, was driving to a nursing assignment. She was extremely tired and pulled to the side of the highway behind a State Trooper. The Trooper went back to her car to investigate. Several other motorists pulled over and told the trooper that BY had been all over the highway, at time going completely off the roadway and then lurching back on. The Trooper had her exit the car and had her perform several field sobriety tests. She did poorly on the tests almost falling over. The Trooper placed her under arrest for Negligent Operation.
There was no odor of alcohol coming from her and there was no evidence of alcohol in the vehicle. During an inventory search of the vehicle the Trooper found a bottle of Morphine, a bottle of Haloperidol, and a bottle of Lorazepam (all controlled substances) in BY’s vehicle.. The Morphine and the Haloperidol were in prescription bottles that bore the name of a deceased patient. The Lorazepam was in a prescription bottle that bore BY’s name. The Trooper then added the charges of Operating Under the Influencer of Drugs and Unlawful Possession of Drugs.
The police filed a Notice of Immediate Threat with the RMV. The RMV immediately suspended BY’s Driver License.
BY met with and retained Attorney Robert Lewin from Andover. Attorney Lewin obtained all the police reports and it became immediately apparent to Attorney Lewin that the State would have great difficulty proving the two drugs charges. There was no evidence as to what drugs, if any, BY had consumed. In an OUI Drug prosecution the State must prove what specific type of drug the accused had consumed – and that proof was missing in BY’s case. In addition, she had a right to possess the drugs that were in her car.
After lengthy negotiations with the District Attorney, the State agreed to dismiss the OUI Drug charge and the Possession of Drug charge.
On November 17, 2023, BY and Attorney Lewin appeared in Ayer District Court. BY took a plea on the Negligent Operation charge and the two drug charges were dismissed. This was a huge win for BY. A conviction or any type of admission of guilt on either of the two drug charges could have cost BY her nursing license.
BY was thrilled with the result and could hardly believe that the drug charges were dismissed. She thanked Attorney Lewin profusely.