Articles Posted in Negligent Operation

On July 24, 2019 SB, a 74 year old retired administrator from North Andover, was driving from Peabody Center westerly on Route 114 toward Danvers. As he traveled westerly he approached the section of Rt. 114 where the North Shore Mall is on the left and Kappy’s Liquors is on the right. He was in the third lane from the right. According to SB he applied his brakes and the car did not slow. He then turned his steering wheel to the right to pull into the parking lot of Kappy’s. There was a motocycle in the lane immediately to SB’s right. When SB made that sudden turn he collided with the motor cycle. The cyclist was thrown off the motorcycle and was severely injured. He had a fractured leg and a possible head injury. SB continued into the parking lot of Kappy’s and the police were called by another motorist. SB waited at the side of Rt. 114 and the police arrived shortly thereafter. Three witnesses at the scene all told the police that “the motorcyclist was travelling straight ahead, and the other vehicle involved turned in front of him resulting in the crash”. The motorcyclist told the police that he was travelling straight ahead when SB’s vehicle suddenly turned directly in front of him causing the crash. The police cited SB for reckless operation.

SB spoke to at least 4 criminal lawyers. SB met with Attorney Robert Lewin from Andover. They had an initial free consultation that lasted 2 hours. Attorney Lewin explained to SB that reckless operation carried a potential jail sentence of 2 years and a mandatory loss of license. Attorney Lewin downloaded SB’s driver history from the Registry of Motor Vehicles and it was terrible. SB had a prior conviction for Reckless Operation, 4 surchargeable at fault accidents, and 12 other moving violations. Attorney Lewin could sense immediately that SB was going to be a difficult client. SB thought he had all the answers and he thought he knew exactly how the defense should proceed. He was dead wrong and Attorney Lewin told him so. SB retained Attorney Lewin.

Attorney Lewin explained to SB why it was so important to try to kill the case at a Clerk-Magistrate Hearing. SB brought the citation to the Peabody District Court and requested a Clerk-Magistrate Hearing. Attorney Lewin then went over to Peabody District Court and obtained copies of all the police reports. More importantly, Attorney Lewin met with the Police Prosecutor from the Peabody Police Department. The purpose of the meeting was to advocate on SB’s behalf to get the case resolved at the Clerk-Magistrate hearing without a criminal complaint being issued against SB – a very tall order given the facts of the case, SB’s driver record, and the severe injuries sustained.

On April 22, 2018 RB, a 24 year old sales associate from Wilmington was driving his car on North Street in Tewksbury. He was making the turn from North Street onto Livingston Street when he lost control of the car. He struck and demolished a stone wall and a mailbox. He then left the scene and drove about 400 feet from the scene of the accident where his car could go no further. The whole accident was captured on a security video. The police responded and found RB. At first he told the police that his car had been struck by a hit and run driver but then he admitted that he had struck the wall and the fence.

The police cited RB for Leaving the Scene of a Property Damage Accident, Negligent Operation, Speeding, and Marked Lane violation. RB and his father, several days later, returned to the scene of the accident and went and spoke to the owner of the property where the wall and mailbox had been situated. RB’s father hired a contractor to come in and rebuild the wall and rebuild and replace the mailbox. The work was done within a matter of days.

The owner of the property – luckily for RB – was a very understanding man. He wrote a letter stating that everything had been repaired and that RB had apologized to him and that he sought nothing further from RB.

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