Massachusetts Criminal Lawyer Blog
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.
On April 8, 2021 RK and Attorney Lewin appeared in Dudley District Court via teleconference. The hearing proceeded. Attorney Lewin explained to the Clerk-Magistrate the entire situation. The vehicle was properly registered and insured; the temporary paper plate had just folded over. With reference to her being unlicensed, Attorney Lewin explained that, but for the cancellation of her driving test on April 1 RK would have been licensed. Attorney Lewin explained about RK’s education (college degree) and occupation and explained how getting a criminal record would be devastating for her. Attorney Lewin also pointed out that RK had no criminal record.
After considering everything the Clerk-Magistrate found NO probable cause to issue the criminal complaint for unlicensed operation and found RK NOT responsible of the license plate violation. It was a complete victory.
Attorney Lewin pointed out to RK that as result of the action taken by the Clerk-Magistrate the following occurred:
- RK was NOT charged.
- NO criminal complaint was issued against RK
- RK did NOT have to return to court and go before a judge.
- NO entry would be made in the Massachusetts CORI system.
- RK would have NO criminal record as a result of this case.
- NO entry would be made on her Driver Record (either in MA or NY).
RK was thrilled with the result and thanked Attorney Lewin. It doesn’t get much better.