OPERATING AFTER SUSPENSION OF LICENSE DISMISSED PRIOR TO ARRAIGNMENT

On July 19, 2015 KC, a 22 year old woman from Lawrence, was driving to work in Lexington when she was pulled over by the State Police. Her Massachusetts Driver’s License had been previously suspended by the Registry of Motor Vehicles because she had accumulated three speeding tickets and because she had failed to pay speeding tickets. Because she had 5 convictions for speeding and because she had two payment defaults, her driver record from the RMV was a mess. The State Trooper cited KC for operating after suspension of license and she subsequently received a summons to go to Concord District Court for an arraignment. KC retained Attorney Robert Lewin from North Andover. Attorney Lewin immediately ran KC’s driver record and obtained a copy of the police report. As always, the devil is in the details.

KC had actually received two notices on the same date (July 9, 2015) from the RMV. One notice was a notice of suspension for having accumulated three speeding tickets which informed her that her license was suspended effective July 19, 2015 (the same date she was stopped by the State Police). The second notice was a notice of INTENT to suspend her license for the same three speeding tickets. The effective date of that suspension was October 7, 2015. Attorney Lewin wanted KC to have her licernse back by the time they went to court for the arraignment. KC needed an additional month to complete her requirements to get reinstated. Attorney Lewin had the date of KC’s arraignment postponed until November 23, 2015. In late October 2015 KC got her license reinstated.

On November 23, 2015 KC and Attorney Lewin appeared in Concord District Court. Attorney Lewin informed the Assistant District Attorney that KC had got her license reinstated. Attorney Lewin also showed the Assistant District Attorney the two conflicting notices that KC had received from the RMV. Attorney Lewin also informed the Assistant District Attorney that KC had no criminal record and that KC was due to graduate from U. Mass. Lowell in December with a degree in Criminal Justice and that it was important for KC not to have a criminal record. The Assistant DA agreed to dismiss the charge against KC prior to KC being arraigned. The significance of having the charge dismissed before the arraignment is that NO CRIMINAL RECORD is created when a charge is dismissed prior to the arriagnment. KC, Attorney Lewin, and the Assistant DA went before the Judge who then ordered the case dismissed prio to arraignment. As a result of this disposition KC has NO CRIMINAL RECORD. KC left the Concord District Court a very happy woman.