Immediate Threat License Suspension

On November 24, 2020, LQ, an 81 year old gentleman from Methuen was pulling out of a bank drive-thru in Haverhill. As he turned onto the street he sideswiped a car that was parked on the street. According to LQ, he pulled over, got out of his car, did not see any damage, got back in his car and drove away. A husband and wife were behind LQ and saw the entire episode and took a picture of his car showing the license plate. The husband and wife called the police. The police responded to the scene and took a statement from the husband and wife in which they said that LQ had not stopped. The police obtained a copy of the photo showing the license plate of LQ’s car, ran the plate, and were able to locate LQ through the Registry of Motor Vehicles computer. The police called LQ on the phone and took a statement from LQ. According to the police report LQ seemed confused about the accident. The police issued LQ a citation for leaving the scene of a property damage accident. In addition the police issued an “immediate threat” notice to the Registry. An immediate threat notice is a notice by the police to the Registry that a driver may pose an immediate threat to the safety of the public if allowed to continue to drive. When the Registry receives the notice from the police the Registry sends out a Notice of Suspension to the driver. That happened to LQ.

LQ took the citation and requested a Clerk-Magistrate Hearing. Several days before the hearing LQ’s daughter contacted Attorney Robert Lewin from Andover. Attorney Lewin explained in detail what the Clerk-Magistrate hearing would entail and he also explained the ramifications of the Immediate Threat notice. Attorney Lewin explained that before the Registry would consider restoring the license to LQ the criminal charge would have to be resolved in Court. LQ retained Attorney Lewin.

Attorney Lewin immediately contacted the Haverhill District Court and obtained a copy of the police report. In addition Attorney Lewin contacted LQ’s Auto Insurance and got written confirmation that LQ had plenty of property damage insurance coverage ($100,000.00) and Attorney Lewin also confirmed that the lady who’s car was struck had not filed a claim for property damage. Attorney Lewin filed those documents with the Court Clerk. On Friday, March 26, 2021 Attorney Lewin and LQ appeared virtually via zoom at Haverhill District Court for the Clerk-Magistrate Hearing. After all the evidence was presented Attorney Lewin requested that the Clerk-Magistrate not issue a criminal complaint against LQ. The Clerk-Magistrate adopted Attorney Lewin’s request and denied the police application for a criminal complaint.

On Thursday, May 23, 2019, NG, a 49 year old woman from Wilmington, was driving home from work. She exited off Route 93 at the Dascomb Road exit in Andover and fainted and crashed into a guardrail. The police and fire department arrived at the scene. According to the police report NG appeared disoriented and could not remember the moments leading up to the accident. The police submitted an immediate threat medical to the Registry and the next day, May 24, 2019, the Registry suspended NG’s license for “immediate threat medical”. On Wednesday, May 29, 2019 NG and her husband consulted with Attorney Robert Lewin of North Andover. Attorney Lewin explained the “immediate threat” process to NG and explained what NG had to do to get her license back. On Thursday, May 30, 2019 NG retained Attorney Lewin. Attorney Lewin explained that NG had to go first to the RMV and obtain the Medical Evaluation Form AND the Loss of Consciousness Form and the Police Report of immediate threat. Attorney Lewin explained to NG that she then had to go to her doctor and have her doctor complete both forms. Attorney Lewin further explained that when NG had the completed medical forms then NG and Attorney Lewin could go to the RMV and have a hearing to get NG’s license back. NG got very lucky as her doctor was available that same day. She went to her doctor and the doctor completed all the forms and certified that NG as competent to drive without a road test. The next day NG and Attorney Lewin went to the RMV in Lawrence and had a hearing. At the completion of the hearing the hearing officer reinstated NG’s license.

Within 48 hours of first meeting Attorney Lewin and within 24 hours of hiring Attorney Lewin NG had her license back. NG and her husband were thrilled. They both work and she absolutely needed her license. Success in this case was in great part dependent upon two facts: (1) that Attorney Lewin was intimately familiar with the “immediate threat process” and gave NG very specific instructions on what she had to do and (2) that NG followed through on all the instructions and did not delay.

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