Warrants for Two Old DUI Cases Cancelled and Cases Dismissed

In May of 1984 KW, then age 24, was arrested in Andover for Operating Under the Influence of Liquor and several other criminal offenses. One month later in June of 1984 KW was arrested again for Operating Under the Influence of Liquor in Wakefield. KW then flew the coop; he left Massachusetts and has been living in Arizona ever since. Warrants for KW’s arrest were issued in both Lawrence District Court and Malden District Court. He was able to get an AZ license and for years ignored the two warrants in MA. Recently Arizona refused to renew KW’s AZ license because he was under suspension in MA because of the two warrants. KW was hesitant to return to MA for fear that he would get locked up – particularly when he went to the first court to get the warrant cleared. He feared that the Judge in the first court would order him put into custody and held for the second court.

KW contacted Attorney Robert Lewin from North Andover. Attorney Lewin explained to KW that if he ever wanted to drive legally again he would have to get these warrants and the cases cleaned up. KW retained Attorney Lewin. Attorney Lewin was able to get the papers from both courts. The police officer in the Wakefield case retired just four months ago; however, no police report could be found in the Wakefield case. The police officer in the Andover case had retired almost ten years ago, but he was still around(!) and he had the police report from the case!!

On November 21, 2016 KW and Attorney Lewin went into Malden District Court and the Judge ordered the Malden Court warrant cancelled. The Malden Court case was then continued to December 2, 2016 to give the DA one last opportunity to see if they could put the case together. The Judge did not lock KW up on the warrant for Lawrence District Court but allowed KW to go with Attorney Lewin to Lawrence. Two hours later KW and Attorney Lewin appeared in Lawrence District Court. As in Malden District Court, the Judge ordered the warrant in Lawrence District Court cancelled and that case was continued to the same December date.

Attorney Lewin spoke with the DAs in both courts. The DA in Malden District Court agreed that they could not go forward with the Wakefield case (it was 32 years old). The DA in Lawrence District Court said they could and would go forward with the Andover case. On December 2, 2016 KW and Attorney Lewin appeared in Malden District Court. The DA told the Judge they could not forward; Attorney Lewin moved that the case be dismissed and the Judge ordered the case in Malden District Court dismissed.

Attorney Lewin and KW then went to Lawrence District Court. The DA told the Judge they could go forward with the case and a trial date of January 9, 2017 was set. Attorney Lewin told KW that he did not see how the Commonwealth could prove the case given its age and Attorney Lewin told KW we will win this case the old-fashioned way by trying it and getting a not guilty. On January 9, 2017 KW and Attorney Lewin appeared in Lawrence District Court. As a precautionary matter Attorney Lewin had KW sit in a different courtroom than the trial courtroom because Attorney Lewin knew there was no way the cop would be able to identify KW as the person he arrested 32 years ago. Attorney Lewin was also very confident that the retired officer would not show up. The case was called and Attorney Lewin answered that the defense was ready for trial. The DA answered that the Commonwealth was not ready. Attorney Lewin moved that the case be dismissed and the Judge then ordered the case dismissed.

KW then went to the Registry of Motor Vehicles and the Registry reinstated his right to operate! KW left Massachusetts with a big smile on his face and with knowledge that he could now get his Arizona license reinstated.