Massachusetts Criminal Lawyer Blog
On September 19, 2023, BL, a 60 year old nurse from Methuen, went to a store in Haverhill,. As she pulled down the street in the front of the store her passenger side outside mirror struck the driver side outside mirror of a car parked on the street. All of this was captured on an on street video camera. BL continued down the street a short distance and then parked. BL is then seen walking over to the struck vehicle, looking at it the mirror was hanging down by a wire), and then continuing to the store. She is then seen leaving the store with three other people, walking over to the struck vehicle, and then walking to her vehicle and drive away. She did not offer her information. The incident was reported to the police. The police viewed the video. Her license plate number had been written down by someone at the scene. The police cited BL for leaving the scene of a property damage accident and her case was set down for a Clerk-Magistrate Hearing on December 8, 2023.
BL contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained copies of the police report and contacted the Haverhill Police and was able to obtain from the police a copy of the on street video and a copy of the photos of the struck video. BL could not afford to lose her license as she is a private duty nurse who travels everyday from Methuen to Merrimack to care for a patient. A conviction of a hit and run property damage case carries as 60 day loss of license. Attorney Lewin advocated on BL’s behalf with the police to agree to a disposition where BL would not be charged.
The hearing was a zoom hearing. Prior to the hearing Attorney Lewin had obtained and electronically filed at Haverhill District Court a notice that the man whose car had been struck had been fully compensated for the damage to his vehicle by his insurance company. On December 8, 2023, Attorney Lewin and BL appeared on the zoom along with the Clerk-Magistrate and the Police Prosecutor. Attorney Lewin advocated strenuously to the Clerk-Magistrate not to issue a criminal complaint against BL.
At the conclusion of the hearing the Clerk-Magistrate stated that he would continue the hearing for six months and NOT issue a criminal complaint against BL as long as she stayed out of trouble during those six months. BL was greatly relieved.
Attorney Lewin explained to BL that, as a result of the Clerk-Magistrate’s decision, BL should be aware of the following:
- NO criminal complaint had been issued against her.
- BL had NOT been charged with any criminal offense.
- BL did NOT have to return to court and go before a Judge.
- NO entry had been made in the CORI (Criminal Offender Record Information) system against BL
- BL had NO criminal record as a result of this incident.
- BL would suffer NO loss of license.
Needless to say, BL was very pleased with the result.