Unlicensed Operation

April 30, 2023

Unlicensed Operation First and Second Offenses Dismissed (Brazilian Immigrant)

In August of 2021, DM, a 24 year old Brazilian alien living in Lowell, got charged with Unlicensed Operation of a Motor Vehicle in Lowell. A Clerk-Magistrate hearing at Lowell District Court was set up for July 1, 2022. DM consulted with and retained Attorney Robert Lewin from Andover to represent him at the hearing. On July 1, 2022 Attorney Lewin and DM appeared in Lowell District Court for the hearing. Attorney Lewin advocated on DM’s behalf for no complaint to be issued against DM. At the conclusion of the hearing the Clerk-Magistrate agreed with Attorney Lewin’s request and ordered that if DM stayed out of trouble, then on December 31. 2022 the application for criminal complaint would be dismissed and the case closed without DM being charged. On December 31, 2022 that charge was dismissed without a criminal complaint being issued against DM.

In February 2023, DM got stopped again for unlicensed operation, no inspection sticker, and lights violation. This happened in Peabody. This time, however, DM was summonsed to appear in Peabody District court for an arraignment on April 5, 2023. (There was no Clerk-Magistrate hearing.) Once again DM retained Attorney Robert Lewin from Andover. Prior to the arraignment, Attorney Lewin spoke with the Assistant District Attorney at Peabody District Court. Attorney Lewin advocated on DM’s behalf for the case to be dismissed. The Assistant District Attorney agreed.

On April 5, 2023 Attorney Lewin and DM appeared in Peabody District Court. The case was called and Attorney Lewin explained to the Judge that the Commonwealth had agreed to dismiss the unlicensed operation charge and they had agreed to findings of NOT responsible being entered to the charges of no inspection sticker and the lights violation. The Judge accepted this joint recommendation of the parties. It was a complete win for DM.

May 18, 2022

Unlicensed Operation Charge DISMISSED at Clerk-Magistrate Hearing

by Robert D. Lewin

AU, a 24 year old architect, moved from Wisconsin to North Reading, MA in early 2021. On December 10, 2021, AU was involved in an accident in Peabody. The police responded to the scene and AU produced his Wisconsin license. When the police asked how long he had been living in MA, AU responded that he had been in MA since the beginning of the year. The police cited AU for unlicensed operation. AU’s work involves certain security clearances and he could not afford to have a criminal record.

AU consulted with and retained Attorney Robert Lewin from Andover. AU immediately went to the Registry (RMV) and got a MA license. AU also immediately requested a Clerk-Magistrate hearing.

Attorney Lewin went over to the Peabody District Courthouse and met personally with the Peabody Police Prosecutor. Attorney Lewin showed the prosecutor that AU had obtained a MA license.

January 17, 2022

Warrant Cleared – Case Dismissed – 2 Hours

by Robert D. Lewin

On October 6, 2020, JG, a 25 year old man from Brazil, was stopped by the Danvers Police and issued a citation for Unlicensed Operation of a Motor Vehicle. Her ignored the citation. He and his wife left the country and when they tried to return they were stopped at the Canadian Border and were denied entry back into the US. The reason: he had a warrant in Salem District Court for that unlicensed operation. JG called Salem District Court and was told he had to come back or he had to get a lawyer and see if the lawyer could resolve the case for him. JG spoke with Attorney Robert Lewin from Andover. On On Friday, December 31. 2021 JG paid Attorney Lewin’s legal fee by wire transfer from Canada. On the next business day, Monday, January 3, 2022 Attorney Lewin went over to Salem District Court to obtain all the court papers and speak with the DA’s Office. After reviewing the Court papers and the police report Attorney Lewin felt this was a case that could be settled immediately. Attorney Lewin requested that the case be sent into the Courtroom and the Clerk-Magistrate agreed and sent the case in to be heard by the Judge. Attorney Lewin spoke with the District Attorney who agreed to dismiss the case.

The case was called and Attorney Lewin explained to the Judge that his client was in Canada and could not get back into the US because of the warrant. Attorney Lewin explained to the Judge that the DA had agreed to dismiss the case. Attorney L:ewin requested that the dismissal be entered prior to arraignment. The Judge agreed and within two hours of Attorney Lewin’s arrival at the Court the case was called, the warrant was cancelled, and the case was dismissed prior to arraignment and JG never left his apartment in Canada!

When a case is dismissed prior to arraignment no criminal record is created and no entry is made in the statewide criminal offender record information (CORI) system. Needless to say JG was a happy client.

August 20, 2021

Permitting Unlicensed Operation – Dismissed Prior To Arraignment

by Robert D. Lewin

On May 4, 1991, AS, a 19 year old woman, went out on a date with a man in his twenties. AS picked the man up at work and they went out. He told her that he had a license and she allowed him to drive her car. The man was speeding and the police blue lights came on behind them. He pulled over and said to her “switch seats with me as I do not have a license”. They switched seats (which the police officer saw). The police came up to the car and asked the male for his license. He said he had not been driving. The police then looked at AS and she said he had been driving. The police had the man exit the vehicle and they arrested him for unlicensed operation (in fact his license had been suspended). The police issued AS a citation for “permitting an unlicensed person to operate her motor vehicle”. In Massachusetts it is a criminal offense to permit or allow a person who is not duly licensed to operate a motor vehicle.

AS took the citation but never requested a Clerk-Magistrate Hearing. (Had she requested a hearing the case most likely would have been resolved without a criminal complaint issuing against her.) In any event, a summons was issued for AS to appear in Gloucester District Court for an arraignment on August 20, 2021. AS’s parents contacted Attorney Robert Lewin from Andover and retained him

Attorney Lewin immediately obtained the police report and then contacted the DA’s Office. AS was working as a deli clerk at a supermarket and she was enrolled in college and she had no criminal record. It was important for AS to try to keep her record clean. A criminal record gets created when a person is arraigned on a criminal charge. Attorney Lewin pointed out all these factors to the Assistant District Attorney and advocated for the DA to agree to a dismissal of the case prior to arraignment. A Judge cannot order a case dismissed prior to arraignment if the DA does not agree to it. As a result of Attorney Lewin’s advocacy, the DA agreed to dismiss the case prior to arraignment.

April 8, 2021

UNLICENSED OPERATION CHARGE AVOIDED – NO CRIMINAL RECORD

by Robert D. Lewin

On October 8, 2020, RK, a 25 year old software engineer for a communications company from New York City, was travelling from NY to Boston. She had a learner’s permit from NY. The car she was driving had a temporary paper plate that had folded over on itself so that the full plate# was not visible. A State Trooper signaled for her to pull over on Route 84 and she pulled into a rest area and stopped. She had a male passenger in the car and he had no license. The trooper asked her for her license and she produced her NY State learner’s permit. The Trooper told her and the passenger to exit the vehicle. The Trooper, perhaps suspecting that she was transporting drugs, then completely searched the car including the trunk and the glove compartment – finding nothing. The Trooper said the car would have to be towed and she and her passenger would have to make arrangements to get picked up. The Trooper cited her for Unlicensed Operation (a criminal offense) and for a Number Plate Violation (failure to properly display). RK took the citation and completed the citation and mailed it in to the Dudley District Court to request a Clerk-Magistrate Hearing.

RK has a good job in a good profession and is very upwardly mobile. She absolutely did not want to have any criminal record. RK consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to RK that getting her NY license would be very helpful to getting the case favorably resolved. RK signed up for her driving test in NY. Her driving test was set for April 1, 2021. Her court hearing on the ticket was set for April 8, 2021,

On April 1, 2021 RK was set to take her driving test; however, due to the covid-19 pandemic the DMV was not giving any road tests and her road test was cancelled.

March 28, 2021

UNLICENSED OPERATION CHARGE DISMISSED

by Robert D. Lewin

October 3, 2020 was a terrible day for TK, a 26 year old gentleman from Richmond, VA. He was driving from VA to Boston. While driving in CT he was involved in an accident. His car got towed from the scene and he was cited by the police in CT for several motor vehicle violations. He was able to get his vehicle out of the tow yard. The vehicle was drivable so he continued on his way to Boston. He got on Route 84East and was going 105 miles per hour. A state trooper ultimately pulled him over. It turns out his VA license had been suspended. The police gave TK a criminal citation for Unlicensed Operation, No License in Possession, and Speeding. TK subsequently received a summons to appear for an arraignment in Dudley District Court. TK (with the help of his parents) sought out a lawyer (online) who could help. They found Attorney Robert Lewin from Andover.

After consulting with Attorney Lewin on the phone TK retained Attorney Lewin. Attorney Lewin immediately filed his appearance in Dudley District Court for TK and obtained a copy of the police report. Attorney Lewin reached out to the Assistant District Attorney in Dudley District Court and had a lengthy conversation with the Assistant District Attorney about the case. Attorney Lewin explained to the Assistant DA that TK had been successful in getting his license reinstated in VA and Attorney Lewin furnished a copy of TK’s new license to the Assistant DA.

On March 26, 2021 TK and Attorney Lewin appeared virtually via zoom in Dudley District Court for TK’s arraignment. The Assistant DA told the Judge that the Commonwealth was moving to Dismiss the criminal charge of unlicensed operation and that the Commonwealth was agreeable to findings of NOT responsible on the No license in possession charge and the speeding charge! (105 mph!!). The Judge agreed and ALL the charges were dropped.