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.
Recently in Reckless/Negligent Operation Category
KG, the owner of a large construction company on Nantucket, is a giving man. He built a beautiful home for his sister and installed a large sea-shell covered driveway for her. The home and property was worth hundreds of thousands of dollars, but KG did not ask for any payment in return. He had only one request: to store their brother's 1982 vintage Chevy pickup truck in the garage. Their brother was killed when he was just 18 years old and had completely restored the pickup. KG had kept the pickup truck for more than a decade as a keepsake. The truck had tremendous emotional value to KG. KG's sister agreed. Soon after KG completed construction of the house for his sister, KG's niece and her husband convinced KG's sister to sign the house over to them for "estate planning purposes". The niece and nephew quickly moved into the house and treated it as their own. KG was very upset, as he had built the house for his sister, not them. Then, one day, KG was driving by the house when he noticed that his niece and nephew had put his brother's car outside and left it out in the rain with the windows open. KG was enraged. He went back to his construction warehouse, got into a bulldozer and drove to the house. When he got there, he began digging the shells off the driveway. The niece and nephew came running outside, with a friend, and tried to stop him. Their friend tried to stop KG as well. Not a good idea. KG drove the bulldozer at the friend and almost ran him over. Unbeknownst to KG, the friend was an off-duty Massachusetts State Trooper. The Trooper pulled his badge and tried to get KG to stop. KG again drove the bulldozer at him. After digging up the entire driveway and leaving a huge pile of shells blocking the entrance to the house, KG drove the bulldozer back the construction yard, only to be met by police officers. KG was charged criminally and the State Trooper reported the incident to the Registry of Motor Vehicles. The Registry revoked KG's driver's license upon determining that he posed a immediate threat to the public. The law allows the RMV to revoke a person's license or right to operate if the RMV determines that the person poses an "immediate threat" to the lives or safety of the public. It is often used in cases where a person uses a motor vehicle to assault someone or to intentionally destroy property. We also see an "immediate threat" used by the RMV to revoke the driving privileges of elderly persons who in the eyes of the RMV are not competent or fit to drive.The revocation was permanent and meant that KG could no longer work without having to hire a full-time driver. It also meant that he could no longer take his kids to and from school or do any of his normal activities. It was disastrous. KG retained attorney Joshua Lewin to challenge his immediate threat license revocation. Attorney Lewin prepared the case and represented KG at a hearing at the RMV. Attorney Lewin presented a compelling case to a hearing officer. After the hearing, the Hearing Officer reinstated his license. KG returned to Nantucket - driving himself all the way home from Boston.
On June 1, 2010, AR was driving her SUV in Chelmsford. She attempted to pull into a parking space at a shopping plaza when suddenly her SUV jumped a curb, crashed through the plate glass window of a tanning salon, and ended up wholly inside the tanning salon. Fortunately for AR no one was hurt or even touched by her car and the flying debris.The police arrived on scene. AR was cited for Reckless Operation. The police reported the accident to the RMV and the RMV immediately suspended her license for "immediate threat". Under Massachusetts Law when the Registry determines that someone poses an immediate threat to the safety of the public because of their operation of a motor vehicle the RMV can suspend the operator's license until the operator can satisfy the RMV that they no longer pose a threat. AR retained Attorney Lewin. Attorney Lewin went to the accident scene and photographed the scene. An examination of the car took place but no defects could be found in the car that would explain the sudden acceleration of the car. Attorney Lewin pressed the argument with the District Attorney that what happened was an accident and not the result of any negligence on the part of AR. On Friday, October 29, 2010 AR and Attorney Lewin appeared in Lowell District Court. After some discussion an agreement was reached for a general continuance of the case for three months. That means that the case will simply sit on the court books for three months and then be dismissed. There was no plea bargain; there was no admission of guilt or wrongdoing; AR's plea of not guilty remains in full force and effect and on January 28, 2011 the criminal charge will be dismissed. AR is now in a position where she can go to the RMV and seek reinstatement of her license.