Operating After Suspension/Revokation

November 2, 2017

14 YEAR OLD WARRANT CANCELLED IN DRUG CONSPIRACY CASE

KH, a 54 year old landscaper living now in Vermont, was arrested in Lawrence, MA in 2003 and charged with Unlawful Possession of Heroin, Conspiracy to Violate the Controlled Substance Act, and Operating After Revocation of License, 2nd Offense. KH failed to appear in Lawrence District Court following his arrest and a default warrant issued for his arrest. KH left Massachusetts and moved to Vermont. Vermont revoked his right to drive and told him he could not get a Vermont license until his revocation in Massachusetts was cleared. In order to clear his Massachusetts revocation KH had to get the warrant in Lawrence District Court cleared. KH contacted and retained Attorney Robert Lewin from North Andover, MA.

Attorney Lewin went over to the Court and obtained copies of all the relevant papers in KH’s case (the Court Docket, the Criminal Complaint, the Police Report, and a copy of KH’s Criminal Record). When Attorney Lewin read the police report he recognized the name of the arresting officer and was aware of the fact that the arresting officer had been fired from the police department for misconduct. The police report did mention that a second officer had assisted in the arrest. That second officer was still around. Attorney Lewin met with the Assistant District Attorney at Lawrence District Court and discussed the case at length. The DA’s Office took the position that KH should not be rewarded for “skipping town” for 14 years and they refused to dismiss the case in his absence.

On September 25, 2017 KH came down to Massachusetts and KH and Attorney Lewin went into Lawrence District Court. KH was booked into Probation and then KH and Attorney Lewin went into the First Criminal Session to address the warrant and the case. Attorney Lewin was prepared to address the court when the Assistant District Attorney stood up and told the Judge that the DA’s Office could not go forward because the officer was no longer available. Attorney Lewin then moved to have the warrant recalled (cancelled) and the case dismissed. The Judge granted Attorney Lewin’s motion (request) and ordered the warrant cancelled and the case dismissed.

July 17, 2017

Operating After Suspension for DUI: Mandatory Sentence and Mandatory Loss of License Avoided

by Robert D. Lewin

On April 27, 2017 TL, a 40 year old immigrant from Laos who is now a citizen, admitted to sufficient facts to an OUI first offense in Lowell District Court. The Judge continued the case without a finding and placed TL on probation for one year and suspended his license for 45 days. TL was eligible to get a hardship license but did not. On May 10, 2017, during the 45 day license suspension period, TL was driving to work when he got pulled over by the police in Ayer. The police arrested TL and charged him with operating after suspension of his license where the suspension was for an OUI case. A conviction under this law carries (1) a maximum sentence of 2 1/2 years and a mandatory minimum sentence of 60 days in the House of Correction and (2) an additional one year loss of license. TL was brought to Ayer District Court where he was arraigned and held and then transported to Lowell District Court where he was served with a notice of probation surrender and detention. In Lowell District Court, TL faced his continuance without a finding being revoked, a guilty finding being entered, and a sentence of up to 2 1/2 years being imposed along with a one year loss of license. Prospects looked very grim for TL. TL – in jail – asked his wife to find him a lawyer.

TL’s wife consulted with and retained Attorney Robert Lewin from North Andover. It was apparent to Attorney Lewin that none of TL’s problems would have arisen had he simply applied for the hardship license. Attorney Lewin went to the jail and met at length with TL. It appeared as if TL’s lawyer in the original case in Lowell had not advised TL about getting a hardship license so he could lawfully drive during the 45 day period.

Attorney Lewin went to Lowell District Court and met with TL’s Probation Officer. Attorney Lewin explained the situation to her and she responded very favorably to Attorney Lewin’s request to simply reprobate TL.On June 6, 2017 TL and Attorney Lewin appeared in Lowell District Court before Judge Fortes – a very tough District Court Judge. The probation officer came into the Courtroom and agreed with Attorney Lewin’s request that although TL violated probation that the Judge should simply put him back on probation (with the continuance without a finding still in place with no changes in the probation and no additional loss of license). The Judge adopted the request and the probation violation went away with no negative effects for TL.

June 21, 2016

Driving with Suspended License Charge Dismissed Prior to Arraignment

by Robert D. Lewin

On March 13, 2016, ZD, a 26 year old salesman with a medical device company got stopped in Belmont as the result of a marked lane violation. When the police ran his license they discovered that his right to drive had been suspended in Massachusetts as the result of an unpaid ticket. ZD was not arrested but was cited by the police for operating after suspension (a criminal offense) and for a marked lane violation (a civil motor vehicle infraction). ZD’s job requires that he drive all over the Northeastern United States and each year his employer does a criminal record check to see if he has any criminal record. To his credit ZD went immediately to the Massachusetts Registry of Motor Vehicles and paid the unpaid ticket. He then paid a reinstatement fee to the Registry and his driving privileges were reinstated. ZD received a summons to appear in Cambridge District Court for an arraignment on June 7, 2016. ZD consulted with and retained Attorney Robert Lewin. ZD impressed upon Attorney Lewin that it was imperative that he keep his criminal record clean. Attorney Lewin immediately contacted the District Attorney’s Office at Cambridge District Court. Attorney Lewin explained the importance of keeping ZD’s record clean. Attorney Lewin was able to get the District Attorney to agree to not only dismiss the criminal charge, but to dismiss the charge without ZD being arraigned. This is called a dismissal prior to arraignment. The significance of a dismissal prior to arraignment is that NO criminal record is created. As a little frosting on the cake the DA also agreed to a finding of not responsible on the marked lane violation. On June 7, 2016 ZD and Attorney Lewin appeared in Cambridge District Court (in Medford). Attorney Lewin explained the situation to the Judge and the Judge accepted the agreement that Attorney Lewin had worked out with the District Attorney. The criminal charge was ordered dismissed prior to arraignment and a finding of NOT responsible was entered on the marked lanes violation. This was the very best possible result. ZD walked out of the Courthouse a very happy camper!

May 9, 2016

Doctor Avoids Criminal Complaint

by Robert D. Lewin

On May 24,2015, OM, a Dentist practicing in Boston, was cited on the Massachusetts Turnpike for several civil motor vehicle infractions. She was found responsible and neglected to pay the civil assessments. On June 29, 2015 her license was suspended for failing to pay the assessments. On April 1, 2016 she was traveling again on the Mass. Pike; a trooper was electronically scanning plates (a lawful practice) and her plate came up as owner suspended. The trooper pulled OM over and cited her for driving after suspension of license. He could have arrested her but he did not. She was very concerned about getting a criminal record as she is on the staff of two major teaching hospitals in Boston. OM contacted Attorney Robert Lewin. Attorney Lewin advised her to immediately request a hearing and to immediately get her license reinstated. OM paid the outstanding money owing on the ticket from 2015 and she went to the Registry of Motor Vehicles and paid a reinstatement fee and got her license reinstated. Attorney Lewin obtained OM’s driver record from the RMV to show that she was fully reinstated. On May 9, 2016 OM and Attorney Lewin appeared in Newton District Court for the Clerk-Magistrate’s Hearing on the application for criminal complaint that had been filed by the police against OM. Attorney Lewin presented the evidence from the RMV to show that OM had indeed paid the assessments owing on the old ticket and that the RMV had reinstated OM’s license. Attorney Lewin asked the Clerk-Magistrate not to issue the criminal complaint against OM and pointed out that having a criminal record would be very unhelpful to OM – especially in the medical profession. The Assistant Clerk-Magistrate agreed and denied the police application for the criminal complaint.

As a result of this OM has NO criminal record. Because NO criminal complaint was issued against her she was not charged, she was not arrested, and, most importantly, NO entry was made in the Criminal Offender Record Information System (CORI) against OM. It is as if it did not happen.

November 23, 2015

OPERATING AFTER SUSPENSION OF LICENSE DISMISSED PRIOR TO ARRAIGNMENT

by Robert D. Lewin

On July 19, 2015 KC, a 22 year old woman from Lawrence, was driving to work in Lexington when she was pulled over by the State Police. Her Massachusetts Driver’s License had been previously suspended by the Registry of Motor Vehicles because she had accumulated three speeding tickets and because she had failed to pay speeding tickets. Because she had 5 convictions for speeding and because she had two payment defaults, her driver record from the RMV was a mess. The State Trooper cited KC for operating after suspension of license and she subsequently received a summons to go to Concord District Court for an arraignment. KC retained Attorney Robert Lewin from North Andover. Attorney Lewin immediately ran KC’s driver record and obtained a copy of the police report. As always, the devil is in the details.

KC had actually received two notices on the same date (July 9, 2015) from the RMV. One notice was a notice of suspension for having accumulated three speeding tickets which informed her that her license was suspended effective July 19, 2015 (the same date she was stopped by the State Police). The second notice was a notice of INTENT to suspend her license for the same three speeding tickets. The effective date of that suspension was October 7, 2015. Attorney Lewin wanted KC to have her licernse back by the time they went to court for the arraignment. KC needed an additional month to complete her requirements to get reinstated. Attorney Lewin had the date of KC’s arraignment postponed until November 23, 2015. In late October 2015 KC got her license reinstated.

November 19, 2015

18 YEAR OLD WARRANT FOR A 4TH OFFENSE OF OPERATING AFTER SUSPENSION OF LICENSE CLEARED

by Robert D. Lewin

On March 11, 1997 JL was stopped by the Andover Police for speeding. When the Police ran his license it came back as suspended. When the police checked his record he had three prior convictions for driving on a suspended license. JL went to court for arraignment. The case proceeded in Court and the DA was looking for JL to go to jail. The case was set down for trial in 1999 and JL defaulted on the trial date, a warrant issued for his arrest, and he went on the run. Fast forward 18 years. JL is living in Florida and has a Florida license. He goes to renew his FL license and FL will not renew because FL is now aware of the warrant in Massachusetts. JL continues to drive in FL and gets caught. The Judge in FL tells JL to get his warrant cleared in Massachusetts and get his license reinstated in Massachusetts otherwise the FL judge is going to send him to jail.

JL retains Attorney Robert Lewin in North Andover. It takes the Clerk’s Office in Lawrence Court two weeks to locate the papers from 1997; the papers had actually been misfiled. The papers are located. The police report is located and the police officer who stopped JL back in 1997 is still an active duty police officer on the Andover Police Department! Attorney Lewin meets with the District Attorney and convinces the District Attorney to dismiss the case upon the payment of $650.00 in Court Costs. The DA’s Office, however, insists that they will not dismiss the case until and unless JL comes to Court in MA.

September 25, 2015

SUSPENSED LICENSE CHARGE DISMISSED

by Robert D. Lewin

On August 24, 2015 JO, a 52 year old woman from Lawrence was driving her car and headed the wrong way down a one way street. There was an officer there who immediately pulled her over. Unfortunately for JO her license was suspended and had been suspended since 1993 when she was involved in a car accident and failed to pay a property damage judgment that had been entered against her. In Massachusetts if you are involved in an accident where you cause damage to another vehicle (or other property) and you fail to pay for the damage the Registry suspends your license until you pay the property damage judgment or work out a payment schedule. JO had never been able to pay or work out a payment schedule. JO was cited by the officer and was sent a notice to come to court for a Clerk-Magistrate hearing for a one-way street violation and for operating after suspension of license. JO retained Attorney Robert Lewin.
Attorney Lewin told JO the best approach in these cases is to get your license reinstated before the Court hearing. It turned out that the Attorney for the party that had the property damage judgment against JO had died. Attorney Lewin sent JO to the RMV and because there was no record as to whom the money was owing and there was no one to pay the RMV lifted the suspension and reinstated JO’s driving privileges. Because it had been 22 years, JO was issued a learner’s permit and must take the driving test again. Attorney Lewin spoke with the Police Prosecutor and told the Police Prosecutor the background of the case and that JO had been reinstated by the RMV. The police prosecutor agreed that he would not press for a criminal complaint to be issued against JO at the Clerk-Magistrate Hearing.
On September 24, 2015, JO and Attorney Lewin appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Attorney Lewin showed the Clerk-Magistrate and the Police Prosecutor JO’s new learners permit. Attorney Lewin asked that a criminal complaint not be issued against JO. The Clerk-Magistrate then dismissed the application for the criminal complaint and she also entered a not responsible finding on the one-way street violation. JO won her entire case. JO walked out of the courthouse very happy.

September 23, 2015

WARRANT CANCELLED/LICENSE REINSTATED

by Robert D. Lewin

CB, a 40 year old plumber who needs a license to work, got in trouble in Lynn District Court back in 2009. He left Massachusetts and moved to FL and got a FL license. In 2015 he went to renew his FL license and was told he could not because his license/right to operate had been suspended in MA due to an outstanding warrant in Lynn District Court. In fact CB had a 2009 criminal case in Lynn that was in warrant status due to unpaid money. When CB called Lynn District Court he was told he would have to come up to MA to clear the warrant. On Monday, September 21, 2015 CB retained Attorney Robert Lewin from North Andover. On Wednesday, September 23, 2015 Attorney Lewin went to Lynn District Court without CB and paid the moneys that were owing to the Court. The Court removed the default that had been entered against CB, cancelled the warrant, and ordered the case dismissed. The Registry of Motor Vehicles was notified, the suspension on CB’s license/right to operate was lifted, and CB is now able to renew his FL license.

January 21, 2015

OPERATING AFTER SUSPENSION FOR OUI CASE DISMISSED

by Robert D. Lewin

EC, a 69 year old gentlemen from Stoneham, had 3 convictions for OUI in Massachusetts. His last conviction was in 2006. As a result of that conviction he lost his license for 13 years [8 years for the conviction + 5 years for refusing the breath test]. In 2010, EC retained Attorney Robert Lewin from North Andover in an attempt to get a hardship license. Attorney Lewin had EC document attendance at AA meetings over a number of months and Attorney Lewin had EC enroll for treatment and counseling with a LDAC (Licensed Drug & Alcohol Counselor). A report was obtained from the LDAC. EC obtained a letter from his employer documenting the need for a license. Attorney Lewin and EC went to the Registry of Motor Vehicles (in Wilmington) for a hearing on obtaining a hardship license. After a lengthy hearing the hearing officer took the case under advisement. After several weeks EC received a notice from the RMV that his application for a hardship had been approved. The hardship license was granted (8 AM to 8 PM) with an IID (Ignition Interlock Device). EC got the IID installed in his car obtained the hardship license and life was good.

On December 19, 2014 EC went up to New Hampshire. The hours past by and at about 10:30 PM EC headed back home to Stoneham. He was pulled over on Rt. 95 in Boxford for speeding by the State Police. When the police officer saw that EC’s driving privileges ended at 8:00 PM the Trooper wrote EC up for speeding and unlicensed operation. EC again contacted Attorney Lewin. Attorney Lewin instructed EC to request a clerk-magistrate hearing immediately (that day). EC took the citation to Haverhill District Court and requested a Clerk-Magistrate Hearing. On January 20, 2015 EC and Attorney Lewin appeared in Haverhill District Court for the hearing. Attorney Lewin explained to the clerk-magistrate that EC had not been drinking at all and that this was simply an example of EC having let the time pass beyond 8:00 PM. Attorney Lewin requested that a criminal complaint not be issued against EC. The State Police did not object and the Clerk then denied the application for the criminal complaint and found EC not responsible of the speeding charge.

September 15, 2014

UNLICENSED OPERATOR CHARGE DISMISSED

by Robert D. Lewin

On February 16, 2014 TF was operating a Caterpillar Front End Loader doing snow removal on Rt. 93 South in Woburn. It was 2:00 am and it was snowing hard. A car came onto Rt. 93 and was going too fast for the conditions and crashed into the Front End Loader. The State Police responded to the scene. When asked for his license TF told the police that his license (a Vermont License) was back at the shop. The police ran his license information and learned that TF was suspended in Vermont and had been denied a license in MA. The police charged TF with unlicensed operation, license class violation, and no license in possession. It turns out that TF’s license in Vermont had been suspended for his failure to complete a DUI Program. He was completely unlicensed in MA. TF retained Attorney Robert Lewin. Attorney Lewin instructed TF to complete all his outstanding requirements to get reinstated in VT. On September 15, 2014 TF and Attorney Lewin appeared in Woburn District Court. After a productive meeting between Attorney Lewin and the Assistant District Attorney, the DA’s office agreed to dismiss all the charges against TF upon the payment of $150.00 in court costs. Attorney Lewin told TF to pay the costs immediately before someone changes their mind. TF paid the costs immediately and they case went completely away. TF left the Courthouse a happy fellow.