Massachusetts Criminal Lawyer Blog
On September 16, 2015 DP, an 18 year old college Freshman from Andover, allowed a 16 year old friend to drive his car. DP was in the car at the time. DP thought that the friend had a learner’s permit and DP thought that because he was 18 and licensed that he could allow the friend to drive the car. DP was wrong on both counts. His friend did not have a learner’s permit and the age is 21, not 18. The friend cut another car off and unbeknownst to either DP or the friend a police car was directly behind them. The blues went on and the friend pulled over. The police cited the friend from Negligent Operation and Operating without a License. The police cited DP for allowing an improper person to operate. There is a criminal statute in Massachusetts that makes it a crime for the owner or person in control of a motor vehicle to allow an “improper person” to operate their vehicle. The term “improper person” includes someone who has no permit or license. DP had no criminal record and is a college freshman and wants to keep his record clean. DP and his parents hired Attorney Robert Lewin from North Andover to handle the case.
Attorney Lewin knows the Andover Police Prosecutor well. Attorney Lewin spoke immediately with the police prosecutor and explained the situation to the police prosecutor. The police prosecutor agreed with Attorney Lewin’s request to not have a criminal complaint be issued against DP. On October 1, 2015 Attorney Lewin and DP and his parents appeared at Lawrence District Court for a hearing before a Clerk-Magistrate. At the hearing Attorney Lewin explained that DP thought his friend had a learner’s permit and he thought that being 18 he could allow his friend to drive.
Attorney Lewin also explained to the magistrate that DP now understood what the law actually is. Attorney Lewin explained that DP was a college Freshman and had a great future ahead of him and that keeping his criminal record clean was important. The Clerk-Magistrate then announced that he was NOT going to issue a criminal complaint against DP and that the matter was dismissed. As a result DP has NO criminal record. DP and his parents left the Court very happy. It was a good day.