Operating After Suspension/Revokation

On June 6, 2013 RS, a 56 year old union insulator, was driving in Lowell when his vehicle was struck by another vehicle. The police responded to the scene of the accident and it was determined that RS’s license was suspended. The suspension was for non-payment of his child support obligations. RS had two prior operating after suspensions on his record and an old DUI. RS was arraigned in Lowell District Court on January 15, 2014 and his case was continued for a pre-trial hearing to February 5, 2014. If convicted as a subsequent offender RS would have lost his license for an additional year and faced the possibility of up to a year in jail. RS met with and retained Attorney Robert Lewin.

Attorney Lewin realized that RS needed to drive and that a conviction had to be avoided. Attorney Lewin met with the Assistant DA handling the case and could sense that the DA had not looked closely at the record. Attorney Lewin mentioned nothing of RS’s prior record. On February 5, 2014 RS and Attorney Lewin appeared in Lowell District Court. Attorney Lewin approached the Assistant DA and suggested a dismissal of the case upon the payment of $250.00 in court costs. The Assistant DA bit the hook and the case was dismissed on the payment of the $250. (In fact RS had brought $1,000 to court with him but only needed the $250.) RS was thrilled with the result and left the court a happy camper.

On March 14, 2014 EB, a 42 year old RN was observed operating a motor vehicle on the Mass. Pike. The state police ran a random check of the Registration Plate and it indicated that the owner of the vehicle was a 42 year old female whose license had been revoked for two years following a conviction for OUI 2nd Offense in November 2013. The trooper pulled EB over and she immediately confessed to the officer that her license was revoked for two years as the result of her conviction for OUI Second Offense. After considerable pleading by EB the Trooper did not arrest EB but issued her a citation for OAS for OUI (Operating After Suspension where the suspension is the result of an OUI Conviction). The trooper had her car towed from the scene. This offense carries a mandatory minimum sentence of 60 days in the House of Correction, no exceptions.

EB immediately contacted Attorney Robert Lewin. Attorney Lewin directed EB to IMMEDIATELY go to the Waltham District Court and request a hearing. The next day EB went to Waltham District Court and requested a hearing.

EB was a widow and the single parent of a 12 year old son. She worked full time as a nurse and was a cancer surgery survivor. The best hope for avoiding the 60 day jail sentence (maximum 2 1/2 years) was to try to resolve the case at the Clerk-Magistrate Hearing without a criminal complaint issuing. Attorney Lewin reached out to the State Trooper who issued the citation to thank him for not arresting EB, but rather citing her.

Articles Posted in Operating After Suspension/Revokation

OPERATING AFTER SUSPENSION 3RD OFFENSE – DISMISSED

Operating After Suspension After OUI Charge DISMISSED