Massachusetts Criminal Lawyer Blog
On May 4, 2018 BJ, a 29 year old mechanical engineer, left work at 5:00 PM and drove to a friends home in Lynn, MA to watch a Bruins playoff game. BJ was at the friend’s home from 5:30 to 10:30. At 10:30 BJ left his friend’s home and headed home. He traveled Route 129 from Lynn and was headed ultimately to his home in Andover. He came to the large interchange at Routes 129, 128, I-95, and 1. A state police officer was headed to the interchange from I-95 and as the two vehicles approached one another at a merge point the Trooper claimed that BJ failed to yield (there were 2 yield signs in the lane that BJ was traveling on). The Trooper said he had to slam on his brakes to avoid a collision with BJ. The Trooper then followed BJ and ultimately pulled him over as he took the ramp down onto Rt. 95 South.
The Trooper administered a series of field sobriety tests all of which the Trooper claimed that BJ failed. BJ was arrested and brought to the State Police Barracks in Danvers where he was booked. BJ spoke with his wife on the phone and asked her to come to the Barracks with $40.00 for bail. After two hours BJ was bailed out and went home with his wife.
BJ went to court for an arraignment and then consulted with and hired Attorney Robert Lewin from North Andover to represent him. Attorney Lewin took a detailed statement of the facts from BJ and his wife. A number of field sobriety tests had been administered to BJ and it was clear to Attorney Lewin that BJ had done extremely well on the tests. The case was set down for trial on August 28, 2017. Attorney Lewin and BJ and his wife had several long trial preparation sessions. Attorney Lewin thoroughly prepared BJ (and his wife) to testify on both direct examination and cross examination. Attorney Lewin did a “mock trial” (a practice trial) in the office with BJ.
On August 28, 2018 BJ, his wife, and Attorney Lewin appeared at Peabody District Court ready for trial. The State Trooper was present and the case went to trial. BJ and Attorney Lewin opted for a bench trial as opposed to a jury trial. A bench trial is a trial by Judge without a jury. The Defense was thoroughly prepared and it showed as the case was presented. Attorney Lewin’s cross examination of the Trooper brought out weaknesses in the Trooper’s recollection as to what actually happened and brought out the weaknesses in his opinions as to BJ’s sobriety. BJ and wife both testified and their testimony was strong and convincing. At the completion of the trial the Judge found BJ NOT guilty of the DUI charge and NOT responsible of the Failure to Yield charge. BJ and his wife were thrilled with the victory.
Attorney Robert Lewin has been trying DUI cases in Massachusetts since 1971 (47 years) and is a master at cross-examination of the police and a master at presenting a defense.