Articles Posted in Operating After Suspension/Revokation

On March 22, 2022, Methuen Police Officer JK pulled a motor vehicle over for a marked lane violation. JK exited his cruiser. JK’s BWC (body worn camera) was on and recording. JK approached the stopped vehicle on the driver side. As JK arrived at the driver side window, the vehicle took off. The BWC captured an excellent image of the driver. JK ran back to his cruiser and gave chase but the vehicle got away. JK then proceded to do an investigation. He ran the license plate and saw that the plate came back to a NH woman. He then looked at her Facebook profile and saw a friend of the woman who was a dead ringer for the man driving the car. The Facebook profile even had the man’s name! JK then ran the man’s name through the RMV data base and a 58 year old man popped up and his RMV photo matched the BWC image that the officer had captured.  That man, GT, had been arrested 12 times for driving after suspension of his license. On his eleventh arrest he served six months in jail. On his 12th offense he served a year in jail (the maximum sentence). GT was no longer living at the address that the RMV had for him and never received a summons to appear in Court. The Court issued a warrant for his arrest and the warrant sat for four years.

GT stopped driving and he cleaned up his act between 2022 and 2026. GT met with and retained Attorney Robert Lewin from Andover to handle this case. On March 6, 2026 GT and Attorney Lewin went into Lawrence District Court and got the warrant cancelled and GT was released without any conditions – other than he not drive unless duly licensed. The DA looked at GT’s prior record and said to Attorney Lewin “this is GT’s 13th offense, he’s looking at the max – a year in jail”. Attorney Lewin asked GT if he had ever taken any of his 12 prior cases to trial. GT said no that he had always pled guilty! Attorney Lewin told GT that this case was going to trial. The case was continued to April 27, 2026 and was ultimately set down for trial on July 21, 2026. Attorney Lewin began his investigation of the case and discovered that JK – the police officer – had been subject to a “POST Commission” Inquiry. This a commission that investigates police who break the law. To GT’s GREAT LUCK, JK was no longer a police officer and it was highly unlikely that he would appear to testify at the trial.

On July 22, 2026, GT and Attorney Lewin appeared in Courtroom 5 in Lawrence District Court. The case was called and Attorney Lewin answered that the Defense was “ready for trial”. JK, the officer, was not present and the DA answered that the Commonwealth was not ready for trial. The Judge looked at Attorney Lewin and Attorney Lewin said “The defense moves to dismiss the case.” The Judge then said “Case DISMISSED”.

CP is the 34 year old owner of a successful junk removal business living in Lawrence. He was born in the DR but became a citizen at age 21. In October of 2018 he was arrested in Lawrence and charged with Operating After Suspension of License, Subsequent Offense. While that case was pending in Lawrence District Court, CP was arrested again for the same charge (Operating After Suspension, Subsequent Offense) on December 29, 2018 in Haverhill District Court. On January 16, 2019 CP went to Lawerence District Court, plead guilty and was placed on Probation and orderd to pay a fine.

After that, CP did not follow through on his probation in Lawrence District Court and he failed to appear in Haverhill District Court. Warrants were issued from both courts. From 2019 to 2026 the cases sat in warrant status. CP could not get a license and he needed a license to carry on his growing and successful business. Finally, on May 28, 2026, CP met with and retained Attorney Robert Lewin from Andover. Attorney Lewin developed a strategy for favorably resolving CP’s cases in both courts.

Attorney Lewin met with the Probation Officer in Lawrence District Court. Probation agreed that if CP paid the fines that he been ordered to pay when he was placed on Probation back in 2019 that the Probation Office would recommend to the Judge that his probation would be terminated and he would be discharged from any further responsibility to Lawrence District Court. CP immedeiately paid the fines he had been ordered to pay to Lawrence District Court.

PH is a 54 year old personal trainer. PH has her own workout studio but also travels to clients’ homes, particularly elderly or disabled clients. On November 15, 2024, PH was travelling from her studio in Rowley to the home of an elderly client in Amesbury. At an intersection in Amesbury she ran a red light and got pulled over by the Amesbury Police. When the police ran her license it came back that her license was suspended. The police cited PH for Operating After Suspension of License.  The police had her car towed and issued her a citation.

PH contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin instructed PH to immediately request a Clerk-Magistrate Hearing which PH did. It turns out that PH’s license was suspended because she had failed to pay a ticket. To her credit PH went and immediately paid the ticket and the reinstatement fee online and her license was reinstated. Attorney Lewin explained to PH that if anything helps to make these operating after suspension cases go away, it is getting your license reinstated before the hearing date.

Attorney Lewin contacted the Amesbury Police Prosecutor and explained that PH’s license had been suspended because of an unpaid ticket. Attorney Lewin further explained to the prosecutor that PH had immediately paid the ticket and the reinstatement fee and that her license was now reinstated. Attorney Lewin asked the prosecutor to agree to dismiss the charge.

On April 19, 2024, JH, a 25 year old financial assistant at a large university, got pulled over by the Andover Police for driving on a suspended license. Three days later JH contacted Attorney Robert Lewin from Andover. Attorney Lewin instructed JH to immediately (that same day) request a Clerk-Magistrate Hearing at Lawrence District Court. Attorney Lewin could see that the suspension of the license was due to a snafu at the RMV. Attorney Lewin instructed JH as to what he should do to get his license reinstated at the RMV. Two days later, JH, following Attorney Lewin’s instructions, was able to get his license reinstated.

On May 30, 2024, Attorney Lewin and JH went to Lawrence District Court for a Clerk-Magistrate Hearing. Prior to the hearing, Attorney Lewin had spoken with the Andover Police Prosecutor and had explained the snafu at the RMV and had furnished the prosecutor with a copy of JH’s new license. At the hearing, Attorney Lewin explained the situation to the Clerk-Magistrate. The Clerk-Magistrate then declined to issue a criminal complaint against JH and dismissed the case.

Although this was a relatively simple case, it was thoroughly prepared by Attorney Lewin. JH was an excellent client and followed Attorney Lewin’s instructions. The preparation paid off and the case was dismissed without a criminal complaint issuing against JH. Attorney Lewin explained to JH the following:

On February 25, 2023, SM, a 45 year old engineer from Andover got pulled over and cited for speeding, expired inspection sticker, and operating a vehicle with a revoked registration (a criminal offense). The vehicle was a leased Tesla. The police report indicated that the registration was revoked because the vehicle was not insured. A clerk-magistrate hearing was scheduled, but SM never received the hearing notice. The Clerk-Magistrate issued a summons for SM to appear in Woburn District Court for an arraignment on May 2, 2023. Within days after being stopped by the police SM notified the leasing company that the car was and had been fully insured. SM went and got the car registered.

SM consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin reviewed the police reports and SM – a terrific client – furnished Attorney Lewin with the insurance policies showing that the car was fully insured at all times and with a copy of the new registration certificate.

Attorney Lewin contacted the DA’s Office and showed them that the Registration should never have been revoked as the car was fully insured throughout and that the fault lay with the leasing company. Attorney Lewin prepared and filed a Motion to Dismiss the case (all the charges) prior to arraignment.

In May of 2022, MH, a 30 year old designer from Andover, was stopped by the police and issued a citation for No Inspection Sticker and Unregistered Motor Vehicle. He took care of the registration and the sticker, but failed to either pay the ticket or request a hearing. He went into default on the ticket and the Registry suspended his license. He continued to drive. On December 13, 2022 he got pulled over by the Amesbury Police for driving after suspension of his license. He was summonsed to court in Newburyport. MH consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately obtained the police reports and both MH’s criminal record and driver history from the Registry. Attorney Lewin made certain that MH got his license reinstated before the Court date. Prior to MH’s arraignment, Attorney Lewin spoke with the Assistant DA at Newburyport District Court and advocated with the Assistant DA to dismiss the case. The Assistant DA agreed.

On March 28, 2023, Attorney Lewin and MH appeared in Newburyport District Court. The case was called and Attorney Lewin and the Assistant DA told the Judge that there was an agreement to dismiss the case. The Judge ordered the case dismissed.

In May of 2021, AM, a 41 year old cleaner, got pulled over by the Methuen Police and was cited for Operating After Suspension, Operating an Uninsured and Unregistered Motor Vehicle, Wrongfully Attaching Plates, and Failing to Stop. AM changed addresses and never received the summons to go to Lawrence District Court and a warrant was issued for his arrest. AM  forgot about the case and when he went to renew his license he was told he had a warrant in Lawrence District Court. AM became concerned that he would get picked up on the warrant and held. He sought out an attorney. AM spoke with and retained Attorney Robert Lewin from Andover.

AM wanted to go into court immediately to get the warrant cleared. On January 20, 2022 AM and Attorney Lewin went into Lawrence District Court at 8:30 AM. Attorney Lewin went into the Clerk-Magistrate’s Office and had the case put on the Court List for hearing that day. Attorney Lewin brought AM into the probation office where probation did an intake interview. Attorney Lewin then spoke with the Assistant District Attorney in charge of the Lawrence office. After speaking the with Assistant DA, an agreement was reached where all the charges would be dismissed on the payment of $300.00 in court costs.

Shortly before 10:00 AM the case was called. The Judge ordered the outstanding warrant cancelled. The Judge asked Attorney Lewin and the Assistant DA if the case could be resolved. Attorney Lewin told the Judge the parties had reached an agreement for the criminal charges to be dismissed upon the payment of $300 in Court Costs. The Judge adopted the agreement. So, less than 2 hours after AM and Attorney Lewin entered the courthouse the warrant was gone and the cases were dismissed.

On June 20, 2020, MG, a 23 year old musician was driving northbound on Route 1 near the jug handle in Peabody. Suddenly he rear ended the vehicle in front of him which had come to a stop in traffic. The police responded to the accident scene and it was determined that MG’s license was suspended for non-payment of a speeding ticket. The police cited MG for operating after suspension (a criminal offense) and for  failure to use care (a civil offense).  MG’s driver record was not good. This was his second surchargeable (at fault) accident in less than a year and he also had an out-of-state conviction for using a hand held phone while driving.

MG received a summons to go to Peabody District Court. His arraignment was scheduled for July 13, 2021. On July 12, 2021 (!!!), the day before the scheduled arraignment, MG’s father contacted Attorney Robert Lewin from Andover and asked if he could go to court the next morning. Attorney Lewin said he could rearrange his schedule and he could go to court in Peabody at 8:30 AM for MG’s arraignment. MG’s family hired Attorney Lewin late in the day on July 12. That evening, Attorney Lewin spoke with MG on the phone and took a complete statement of the facts from MG as well as a complete personal history. Attorney Lewin ran MG’s driver record from the Registry of Motor Vehicles. The next morning Attorney Lewin appeared with MG and his father in Peabody District Court. Fortunately MG had paid the speeding ticket that was causing his license to be suspended and he paid a reinstatement fee to the Registry so that when they went to Court on July 13, 2021 MG’s license was active.

Attorney Lewin spoke with the Assistant District Attorney at Peabody District Court and pointed out that MG had NO criminal record in MA and that his license was fully reinstated. Attorney Lewin asked the Assistant DA to dismiss the criminal case and the Assistant DA agreed.

Attorney Lewin’s string of successful defense of Operating After Suspension of License charges continued full steam ahead in August of 2021. Attorney Lewin appeared in Lowell District Court on August 4, 2021 and was successful in having two clients avoid being prosecuted for operating after suspension.

HZ’s Case

HZ’s case:  HZ is a 38 year old permanent resident alien from China living in Lowell. He has a Doctorate in Bio Medical Engineering and is employed as a principal research engineer at a bio-tech company. In 2019 Dr. Z got a ticket for a marked lanes violation and he failed to pay the ticket. As a result the Registry suspended his license. He claimed not to have received any notice of the suspension. On August 26, 2020 Dr. Z was operating his car on Route 495 in Chelmsford. Suddenly the car in front of him came to a stop and Dr. Z could not stop in time and rear ended the stopped car in front of him. The police responded to the scene and when they ran Dr. Z’s license it came back as suspended. The police issued Dr. Z a citation for Operating After Suspension of License and for Following too Closely (a civil violation). Dr. Z – to his credit – immediately went to the Registry and paid the outstanding ticket from 2019 and he paid a reinstatement fee and got his license reinstated. Dr. Z also sent the citation in to Lowell District Court to request a hearing. Because of covid-19 getting a hearing date was substantially delayed. Finally Dr. Z received a notice from Lowell District Court that his hearing on the State Police Application for a criminal complaint against him was scheduled for August 4, 2021. Dr. Z sought out a lawyer and met with (via zoom) and hired Attorney Robert Lewin from Andover. Attorney Lewin immediately contacted Dr. Z’s insurance company to make certain that the person whose car Dr. Z rear ended had been paid for their property damage in full. Attorney Lewin obtained written confirmation from the insurance company of the payment in full. Attorney Lewin obtained a copy of the police report. Attorney Lewin also obtained written verification from the Registry that Dr. Z had paid the outstanding ticket from 2019 and that his license was fully reinstated by the Registry.

In July of 2019, SM, a 23 year old woman was pulled over by the Wakefield Police. The police had done a random scan/query of the registration plate on her car and it came back as revoked due to insurance cancellation. When the police asked for her license it turns out that her right to operate in Massachusetts had been suspended due to an unpaid speeding ticket.  She was charged with operating an uninsured motor vehicle, operating a vehicle with a revoked registration, and operating after suspension of her right to drive. The Malden Court issued a summons for her to come to court but she claimed never to have received it. A warrant for her arrest was issued by the court.

She stopped driving after that and the car sat in her driveway. In 2021 she contacted and retained Attorney Robert Lewin from Andover wishing to clear things up. Attorney Lewin immediately filed his appearance as her lawyer and that gave him access to all the court papers and the police reports which he immediately obtained. Attorney Lewin explained to SM that if she got the car registered and insured and if she got her right to drive reinstated that that would go a long way toward getting the charges resolved very favorably. SM was a good client. She paid off the old speeding ticket and paid a reinstatement fee for her right to operate and her right to operate was reinstated by the Registry. She also got a new insurance policy and got the car reregistered. Attorney Lewin filed a Motion with the Court to cancel the warrant and dismiss the charges.

On April 1, 2021 Attorney Lewin and SM appeared virtually via zoom in Malden Court (which is in Medford!). Attorney Lewin had filed all the papers from the Registry with the Judge and with the DA to show that SM had taken care of all her issues. The Judge then said that she was ordering the warrant cancelled all the charges against SM dismissed prior to arraignment.

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