Articles Posted in Operating After Suspension/Revokation

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.

October 3, 2020 was a terrible day for TK, a 26 year old gentleman from Richmond, VA. He was driving from VA to Boston. While driving in CT he was involved in an accident. His car got towed from the scene and he was cited by the police in CT for several motor vehicle violations. He was able to get his vehicle out of the tow yard. The vehicle was drivable so he continued on his way to Boston. He got on Route 84East and was going 105 miles per hour. A state trooper ultimately pulled him over. It turns out his VA license had been suspended. The police gave TK a criminal citation for Unlicensed Operation, No License in Possession, and Speeding.  TK subsequently received a summons to appear for an arraignment in Dudley District Court. TK (with the help of his parents) sought out a lawyer (online) who could help. They found Attorney Robert Lewin from Andover.

After consulting with Attorney Lewin on the phone TK retained Attorney Lewin. Attorney Lewin immediately filed his appearance in Dudley District Court for TK and obtained a copy of the police report. Attorney Lewin reached out to the Assistant District Attorney in Dudley District Court and had a lengthy conversation with the Assistant District Attorney about the case. Attorney Lewin explained to the Assistant DA that TK had been successful in getting his license reinstated in VA and Attorney Lewin furnished a copy of TK’s new license to the Assistant DA.

On March 26, 2021 TK and Attorney Lewin appeared virtually via zoom in Dudley District Court for TK’s arraignment. The Assistant DA told the Judge that the Commonwealth was moving to Dismiss the criminal charge of unlicensed operation and that the Commonwealth was agreeable to findings of NOT responsible on the No license in possession charge and the speeding charge! (105 mph!!). The Judge agreed and ALL the charges were dropped.

On January 10, 2020, ZC, a 29 year old software engineer was driving his car in Weymouth when he got pulled over by the state police because his rear registration plate did not have the small sticker affixed to it. When the trooper ran the license and registration it turned out that ZC’s license had been suspended in 2019 for failing to pay a ticket that had been issued against him in 2019. ZC works for the Commonwealth and it was important for him not to have any criminal record. The state trooper issued ZC a citation for Operating After Suspension of License. ZC took the ticket and mailed it to the Quincy District Court and requested a Clerk-Magistrate Hearing.

The following week ZC went to the Registry and paid the old ticket. He had moved and never received the old ticket nor did he ever receive the Notice of Suspension from the Registry. (Of course, it was his obligation to notify the Registry of his change of address.) Once he paid that old ticket he then paid a reinstatement fee and the Registry reinstated his license.

ZC did not want to get a criminal record. ZC met with (via ZOOM) and retained Attorney Robert Lewin from Andover. Attorney Lewin commended ZC for taking care of the old ticket, the change of address, and paying the reinstatement fee and getting reinstated.

ET, a 30 year old software engineer from India, has trouble obeying the rules of he road. He ended up getting his license suspended but continued to drive. He then got arrested in Woburn and in Malden for driving after suspension of his license. There was a warrant for his arrest for the case in Woburn. Some years before ET had hired Attorney Robert Lewin from North Andover to handle a hit and run case. Attorney Lewin was successful in killing that case in the police station before any charge was brought. ET again retained Attorney Lewin. Because of the warrant Attorney Lewin and ET went to Court right away. On Tuesday, January 2, 2018 ET and Attorney Lewin went to Woburn District Court to address the warrant. Attorney Lewin arrived at Court early and spoke with the Assistant District Attorney. Attorney Lewin explained that the license suspension was not for any serious motor vehicle violations. The District Attorney agreed to dismiss the charge. ET and Attorney Lewin walked out of Woburn Court with the warrant cancelled and the criminal case dismissed. The next day, Wednesday, January 3, 2018, ET and Attorney Lewin went to Malden District Court. Again, Attorney Lewin arrived at Court early and spoke with the Assistant District Attorney. Again Attorney Lewin explained that the license suspension was not for any serious motor vehicle violations. The District Attorney agreed to dismiss the charge. Within 24 hours ET had both charges of driving on a suspended license dismissed. On January 4, 2018 ET is scheduled to go to the Registry of Motor Vehicles and get his license reinstated. It just doesn’t get much better.

KH, a 54 year old landscaper living now in Vermont, was arrested in Lawrence, MA in 2003 and charged with Unlawful Possession of Heroin, Conspiracy to Violate the Controlled Substance Act, and Operating After Revocation of License, 2nd Offense. KH failed to appear in Lawrence District Court following his arrest and a default warrant issued for his arrest. KH left Massachusetts and moved to Vermont. Vermont revoked his right to drive and told him he could not get a Vermont license until his revocation in Massachusetts was cleared. In order to clear his Massachusetts revocation KH had to get the warrant in Lawrence District Court cleared. KH contacted and retained Attorney Robert Lewin from North Andover, MA.

Attorney Lewin went over to the Court and obtained copies of all the relevant papers in KH’s case (the Court Docket, the Criminal Complaint, the Police Report, and a copy of KH’s Criminal Record). When Attorney Lewin read the police report he recognized the name of the arresting officer and was aware of the fact that the arresting officer had been fired from the police department for misconduct. The police report did mention that a second officer had assisted in the arrest. That second officer was still around. Attorney Lewin met with the Assistant District Attorney at Lawrence District Court and discussed the case at length. The DA’s Office took the position that KH should not be rewarded for “skipping town” for 14 years and they refused to dismiss the case in his absence.

On September 25, 2017 KH came down to Massachusetts and KH and Attorney Lewin went into Lawrence District Court. KH was booked into Probation and then KH and Attorney Lewin went into the First Criminal Session to address the warrant and the case. Attorney Lewin was prepared to address the court when the Assistant District Attorney stood up and told the Judge that the DA’s Office could not go forward because the officer was no longer available. Attorney Lewin then moved to have the warrant recalled (cancelled) and the case dismissed. The Judge granted Attorney Lewin’s motion (request) and ordered the warrant cancelled and the case dismissed.

On April 27, 2017 TL, a 40 year old immigrant from Laos who is now a citizen, admitted to sufficient facts to an OUI first offense in Lowell District Court. The Judge continued the case without a finding and placed TL on probation for one year and suspended his license for 45 days. TL was eligible to get a hardship license but did not. On May 10, 2017, during the 45 day license suspension period, TL was driving to work when he got pulled over by the police in Ayer. The police arrested TL and charged him with operating after suspension of his license where the suspension was for an OUI case. A conviction under this law carries (1) a maximum sentence of 2 1/2 years and a mandatory minimum sentence of 60 days in the House of Correction and (2) an additional one year loss of license. TL was brought to Ayer District Court where he was arraigned and held and then transported to Lowell District Court where he was served with a notice of probation surrender and detention. In Lowell District Court, TL faced his continuance without a finding being revoked, a guilty finding being entered, and a sentence of up to 2 1/2 years being imposed along with a one year loss of license. Prospects looked very grim for TL. TL – in jail – asked his wife to find him a lawyer.

TL’s wife consulted with and retained Attorney Robert Lewin from North Andover. It was apparent to Attorney Lewin that none of TL’s problems would have arisen had he simply applied for the hardship license. Attorney Lewin went to the jail and met at length with TL. It appeared as if TL’s lawyer in the original case in Lowell had not advised TL about getting a hardship license so he could lawfully drive during the 45 day period.

Attorney Lewin went to Lowell District Court and met with TL’s Probation Officer. Attorney Lewin explained the situation to her and she responded very favorably to Attorney Lewin’s request to simply reprobate TL.On June 6, 2017 TL and Attorney Lewin appeared in Lowell District Court before Judge Fortes – a very tough District Court Judge. The probation officer came into the Courtroom and agreed with Attorney Lewin’s request that although TL violated probation that the Judge should simply put him back on probation (with the continuance without a finding still in place with no changes in the probation and no additional loss of license). The Judge adopted the request and the probation violation went away with no negative effects for TL.

On March 13, 2016, ZD, a 26 year old salesman with a medical device company got stopped in Belmont as the result of a marked lane violation. When the police ran his license they discovered that his right to drive had been suspended in Massachusetts as the result of an unpaid ticket. ZD was not arrested but was cited by the police for operating after suspension (a criminal offense) and for a marked lane violation (a civil motor vehicle infraction). ZD’s job requires that he drive all over the Northeastern United States and each year his employer does a criminal record check to see if he has any criminal record. To his credit ZD went immediately to the Massachusetts Registry of  Motor Vehicles and paid the unpaid ticket. He then paid a reinstatement fee to the Registry and his driving privileges were reinstated. ZD received a summons to appear in Cambridge District Court for an arraignment on June 7, 2016. ZD consulted with and retained Attorney Robert Lewin. ZD impressed upon Attorney Lewin that it was imperative that he keep his criminal record clean. Attorney Lewin immediately contacted the District Attorney’s Office at Cambridge District Court. Attorney Lewin explained the importance of keeping ZD’s record clean. Attorney Lewin was able to get the District Attorney to agree to not only dismiss the criminal charge, but to dismiss the charge without ZD being arraigned. This is called a dismissal prior to arraignment. The significance of a dismissal prior to arraignment is that NO criminal record is created. As a little frosting on the cake the DA also agreed to a finding of not responsible on the marked lane violation. On June 7, 2016 ZD and Attorney Lewin appeared in Cambridge District Court (in Medford).  Attorney Lewin explained the situation to the Judge and the Judge accepted the agreement that Attorney Lewin had worked out with the District Attorney. The criminal charge was ordered dismissed prior to arraignment and a finding of NOT responsible was entered on the marked lanes violation. This was the very best possible result. ZD walked out of the Courthouse a very happy camper!

On May 24,2015, OM, a Dentist practicing in Boston, was cited on the Massachusetts Turnpike for several civil motor vehicle infractions. She was found responsible and neglected to pay the civil assessments. On June 29, 2015 her license was suspended for failing to pay the assessments. On April 1, 2016 she was traveling again on the Mass. Pike; a trooper was electronically scanning plates (a lawful practice) and her plate came up as owner suspended. The trooper pulled OM over and cited her for driving after suspension of license. He could have arrested her but he did not. She was very concerned about getting a criminal record as she is  on the staff of two major teaching hospitals in Boston. OM contacted Attorney Robert Lewin. Attorney Lewin advised her to immediately request a hearing and to immediately get her license reinstated. OM paid the outstanding money owing on the ticket from 2015 and she went to the Registry of Motor Vehicles and paid a reinstatement fee and got her license reinstated. Attorney Lewin obtained OM’s driver record from the RMV to show that she was fully reinstated. On May 9, 2016 OM and Attorney Lewin appeared in Newton District Court for the Clerk-Magistrate’s Hearing on the application for criminal complaint that had been filed by the police against OM. Attorney Lewin presented the evidence from the RMV to show that OM had indeed paid the assessments owing on the old ticket and that the RMV had reinstated OM’s license. Attorney Lewin asked the Clerk-Magistrate not to issue the criminal complaint against OM and pointed out that having a criminal record would be very unhelpful to OM – especially in the medical profession. The Assistant Clerk-Magistrate agreed and denied the police application for the criminal complaint.

As a result of this OM has NO criminal record. Because NO criminal complaint was issued against her she was not charged, she was not arrested, and, most importantly, NO entry was made in the Criminal Offender Record Information System (CORI) against OM. It is as if it did not happen.

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