Articles Posted in Hit and Run Cases

KU, a 35 year old moving company owner, drove his pick-up truck to the Market Basket supermarket on the Lawrence/North Andover line. As he was pulling out of the parking lot he struck a parked car. He paused but then drove away. He drove home, left the pick-up truck at home, and drove his car to work. Two hours later he got a call from the North Andover Police. A witness had seen the accident and had seen KU leave and got the plate. At first KU denied it but then admitted to the officer that he had panicked and fled the scene. The North Andover Police issued a citation to KU for leaving the scene of a property damage accident. KU called Lewin & Lewin and spoke with Attorney Robert Lewin who told KU to immediately go to the Lawrence District Court and request a Clerk’s Hearing for the citation. KU did that and then retained Attorney Robert Lewin to defend the case.

Attorney Lewin went over to the Court and spoke immediately with the North Andover Police Prosecutor. Attorney Lewin obtained KU’s auto insurance policy to show that the damage to the other car would be completely covered. In addition Attorney Lewin obtained proof from the insurance company that the owner of the other vehicle had been completely reimbursed for his damages by KU’s insurance company. In many of these hit and run cases – particularly if there is no alcohol involved – the main concern of the police is making sure that the owner of the damaged vehicle or property is fully reimbursed. Attorney Lewin furnished all the insurance documents to the Police Prosecutor. Prior to the Clerk’s Hearing Attorney Lewin and the police prosecutor reached an agreement that they would recommend to the Court Clerk-Magistrate that no criminal complaint be issued against KU.

On Thursday, September 12, 2013, KU and Attorney Robert Lewin appeared in Lawrence District Court for the Clerk-Magistrate’s Hearing. Attorney Lewin and the Police Prosecutor explained to the Clerk-Magistrate that the victim had been fully reimbursed. The police prosecutor indicated to the Clerk-Magistrate that the police were satisfied. The Clerk then dismissed the application for criminal complaint. KU – although he was guilty of the offense – walked away without being charged. KU left the Court a very happy man.

On August 31, 2012, AS, a 67 year old retiree, went out for a few drinks at a local pub in Haverhill. Late at night he left the pub highly intoxicated, got into his SUV, and tried driving to his home in Methuen. In the center of Haverhill is a War Memorial which is situated on a grass plot. AS drove his SUV off the roadway, over the curb and sidewalk, into the War Memorial area. In the area was a homeless man sleeping a a bench. The front of AS’s SUV struck the bench going up over the bench over the homeless man sleeping on the bench. AS backed his car up and left the area as if nothing had happened. AS continued on his way eventually striking a roadsign and knocking it down. Once again he continued on his way. He travelled from Haverhill into Newton, NH where he drove off the road into a ditch. Witnesses had seen his car drive over the bench with the homeless man and called in his registration plate to the police. Other witnesses saw him strike the sign and called that into the police. A BOLO (Be On The Lookout) was put out by the Haverhill Police and picked up by the Newton, NH Police who had discovered AS in his car in the ditch. AS was removed from his car; he had urinated himself; he was arrested for DUI in NH. The Haverhill and Mass. State Police responded to NH to continue their investigation. It was not known if the homeless man on the bench would survive his injuries.

AS was charged with Aggravated DUI in NH (the Aggravatiung circumstance being a high Breath Test reading). In Massachusetts AS was charged with OUI/Negligent Operation Causing Serious Bodily Injury, Two counts of Leaving the Scene Property Damage, Leaving the Scene Personal Injury, two Counts of Aggravated Reckless Assault & Battery by Dangerous Weapon, and a number of civil motor vehicle infractions.

AS retained Attorney Robert Lewin. Attorney Lewin brought in Associate Counsel to handle the NH piece of the case.

A 35 year old Chelsea man (EM) (a legal permanent resident alien) was involved in a two vehicle collison in Chelsea and fled the scene. The driver of the other vehicle got the plate number and a good look at the vehicle. A neighbor saw the collision and thought he recognized the driver. The police ran the plate and it came back to EM’s wife. The wife told the police that her husband had been operating the car. Based on the wife’s statement the police cited EM for leaving the scene of a property damage accident.Prior to trial Attorney Lewin prepared a marital affidavit for EM’s wife to sign wherein she exercised her marital privilege not to testify against her husband.She signed the affidavit and exercised her marital privilege and refused to testify against her husband. Under the Massachusetts rules of evidence her statement to the police that her husband had been driving was inadmissible at trial. On May 4, 2010 the DA’s Office agreed to dismiss the case prior to trial.