CAR GETS A TAN; DRIVER GETS A PASS

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.