Massachusetts Criminal Lawyer Blog

DM, a 45 year old male nurse, and two friends went to a charity dance at the Tewksbury Country Club. After an evening of dancing and several drinks DM and his two companions left the dance hall and were followed out by an angry crowd who thought that DM and his companions had stolen items from the charity dance. DM and his companions got into DM's car and left the parking lot of the country club and headed out onto the street. DM stopped in traffic and then found his vehicle surrounded by an angry mob. Several people in the mob began beating on DM's vehicle, smashing the windows, and punching DM. DM sustained injuries to his cheek, forehead and neck and he sustained a fractured clavicle (shoulder bone). During the assault he attempted to escape and his car struck and the vehicle in front of his. The police and fire department arrived at the scene. DM was asked to exit his vehicle which he did. The police had him perform field sobriety tests which he was unable to do to the officer's satisfaction. DM got arrested for DWI. He was brought to the station, booked, photographed, videoed, and bailed. After getting bailed he went to the hospital where he was examined. The injuries to his face and his shoulder were noted in the hospital reports. DM retained Attorney Robert Lewin. Investigation revealed that there was a video of the front foyer of the Country Club Function Hall. Attorney Lewin obtained that video. After sifting through hours of the video DM was seen on the video twice: once walking from the function room to the men's room (and back) and more importantly once at the end of the dance leaving the function room, walking across the foyer to the front door. In both instances his walking was perfectly normal. He did not stagger or exhibit any signs of intoxication or impairment. Defense counsel was furnished with copies of the booking videos and the booking photos. The photos were initially furnished in black and white. Attorney Lewin insisted that color photos be produced and they were. The color photos showed the bloody injuries to DM's cheek, forehead, and neck. Attorney Lewin interviewed the driver of the car in front of DM and he confirmed DM's account of the mob assault on DM and DM's car. On October 17, 2011 the case went to trial in Lowell District Court. DM elected to have a jury-waived trial (that is a trial by a judge alone without a jury). DM testified; the two people he went to the dance with testified; the driver of the car that he struck after being assaulted testified; and the medical records were produced. The Judge immediately found DM not guilty. The key to success in the case was in the full preparation for trial. DM and his witnesses were thoroughly prepared for both direct examination and cross examination. All the necessary videos and photos were obtained and studied. The medical records were obtained. No stone was left unturned. DM left the court a happy man.

For RD, a sixty-two year old California real estate broker, life was good until in 2011 the California Department of Motor Vehicles refused to renew his driver's license because RD's driving privileges in Massachusetts were suspended. It turns out that in 1983 (yes, 28 years ago) RD was arrested for DUI in Massachusetts. Back in 1983 he went to Westborough District Court (Massachusetts), pleaded guilty, was placed on probation for one year and ordered to complete a first offender drunk driving program. Before beginning the program RD's then employer moved his job to California. RD "blew off" the probation and the DUI Program and moved to California. RD got a California license and for the next 28 years life was good. Meanwhile RD's case in Westborough District Court went into default status, a notice of probation violation was issued, a warrant for his arrest issued, and the Massachusetts Registry of Motor Vehicles suspended his driving privileges in Massachusetts. Unfortunately for RD, over the years the computer tracking systems dramatically improved and in March of 2011 the California Department of Motor Vehicles notified RD that he could not renew his California license until he got reinstated in Massachusetts. On Friday, March 4, 2011 RD contacted Attorney Lewin. Attorney Lewin contacted the Westborough District Court and confirmed that RD was in default of his probation and that there was a warrant outstanding against him. The Chief Probation Officer at the Court took the position that RD had "blown off" his probation and therefore they were unwilling to do anything for him unless he returned to Massachusetts. And then Probation's position was that RD should suffer a 1 year loss of his driving privileges in Massachusetts (the typical penalty in Massachusetts for persons who are either kicked out of the program or fail to attend). This would have meant a one year loss in of license in California. On Saturday, March 5 RD wired a retainer to Attorney Lewin. Over the weekend Attorney Lewin did a one-hour phone conference with RD and gathered all the necessary information from RD so that an effective written and oral presentation could be made to the Judge on Monday and Attorney Lewin prepared a Motion to get the matter cleared up. On Monday afternoon, March 7, 2011 Attorney Lewin appeared in Westborough District Court. The Chief Probation Officer's position had not softened. After a full hearing on the Motion that Attorney Lewin presented to the Judge, the Judge took the following action: (1) The Judge excused RD's appearance in Court and allowed Attorney Lewin to appear in his behalf. (2) The Judge removed the default that had entered back in 1983. (3) The Judge ordered the Warrant cancelled. (The cancellation of the warrant is the first required step in getting the driving privileges reinstated.) (4) The Judge found that RD was in violation of his probation because he left the state without permission, because he failed to complete the DUI program, and because he had failed to report to probation. (5) The Judge then reprobated RD and extended his probation for 5 months and ordered that he could now do the First Offender DUI Program in California. (Over the weekend Attorney Lewin had downloaded information on the California First Offender DUI Program and furnished it to the Judge anticipating that the Judge might take that course.) Attorney Lewin left the courthouse late that afternoon and called RD in California. Attorney Lewin told RD that Attorney Lewin still had to go to the Massachusetts Registry of Motor Vehicles to complete the process. On Tuesday morning, March 8, 2011 Attorney Lewin went to the Massachusetts Registry of Motor Vehicles with the Notice of Warrant Cancellation from Westborough District Court. After a hearing the Massachusetts Registry of Motor Vehicles cancelled the suspension of RD's driving privileges. This information was then entered (electronically) by Masscahusetts into the National Driver Register (NDR) System. Attorney Lewin left the Registry of Motor Vehicles building and called RD in California and told RD to get over to the California Department of Motor Vehicles and get his license. RD told Attorney Lewin "If you were standing in front of me I would give you a big hug!!!!" RD got his California License that same afternoon. Within 48 hours of being hired Attorney Lewin was able to clear up this 28 year old problem.

CC, a very attractive 30 year old financial analyst, and two girl friends spent a night in Boston at the Harpoon Fest. On the way home CC was travelling on Rt. 16 in Everett when she approached and entered into a sobriety checkpoint roadblock. The police detected an odor of an alcoholic beverage and directed CC into the "pit area" so-called. She pulled in and was asked to exit her vehicle. Field sobriety tests followed, a preliminary breath test (in the field) was administered with a .10 result. She was then placed under arrest for operating under the influence and a formal breath test was administered with a resulting BAC of .08. Under the law in Massachusetts a .08 is a failing reading and is sufficient all by itself to sustain a conviction. During discovery Attorney Lewin learned that the breath test machine used in CC's test was reading slightly high. Attorney Lewin developed the argument that the .08 was in reality something less than .08. The trial took place in Malden District Court on September 29, 2010. Attorney Lewin was able to keep the .08 reading out of evidence. The case was tried jury-waived (that is, to a judge without a jury). The Judge found CC not guilty. CC is a happy camper.

On Friday, June 11, 2010 a 63 year old Methuen man was found not guilty of DWI 2nd Offense following a two day trial in Lawrence District Court. RL was followed by the State Police on Route 93 North from the Dascomb Road exit to River Road where he was pulled over for numerous lane violations. As the trooper approached the car he noticed the driver drinking from a mouthwash bottle. The trooper also noticed that the driver had lowered all four windows of the car, not just the driver's window. When the trooper asked what the man was doing with the mouthwash, the driver, after some hesitation, said he was coming from the Beijing in North Andover. Field sobriety tests followed and then the arrest. At trial Attorney Lewin introduced photos of Route 93 showing numerous potholes and the obliteration of most of the lane markings. The bill from The China Blossom (not Beijing) was introduced and it showed that RL had consumed only 1 Mai Tai all evening. RL's girl freind was called as a witness and she confirmed that he had consumed only one Mai Tai. The case had been thoroughly prepared; RL and Attorney Lewin had no less than three trial practice sessions in Attorney Lewin's Office to make certain that RL was ready for both direct and cross examination. As a result of this win RL did not lose his license for two years, he did not have to go to the two week in-patient program; and he will not be required to have an ignition interlock device installed in his car. He has his license. This is another example of how important it is to be properly prepared for trial.