Articles Posted in Speeding Tickets

On April 6, 2018, AA, a 17 year old High School student was driving his younger sister to school. He got pulled over by the police and was issued a citation for speeding (50 mph in a 25 mph zone).  Because he is a junior operator he was facing a loss of license of 90 days and mandatory attendance at a driver retraining program. AA mailed the citation in and requested a hearing. AA’s parents consulted with and retained Attorney Robert Lewin from North Andover to represent AA at his Court Clerk-Magistrate Hearing. Attorney Lewin had AA get for Attorney Lewin his high school report card (which was excellent) along with any awards that AA had received. The citation was set down for a hearing on August 15, 2018.

Before the hearing date (and after April 6, 2018) AA got stopped again by the same police department and was issued a warning for speeding (40 mph in a 25 mph zone). Attorney Lewin spoke with the Town Police Prosecutor prior to the hearing date to see if the Prosecutor had any objection to the Clerk not finding AA responsible on the ticket.

On August 15, 2018 AA, AA’s father, and Attorney Lewin appeared at Court for the hearing on the ticket. Attorney Lewin explained to the Clerk-Magistrate that AA was driving his sister to school and that he needs his license to help his parents with his three siblings, one of whom is disabled. The Clerk-Magistrate was troubled by the fact that AA had received a warning for speeding after the date of the first citation; nevertheless, the Clerk-Magistrate agreed to follow Attorney Lewin’s recommendation and continued the hearing on the ticket for six months to February 6, 2019. As long as AA does not get any more tickets then on February 6, 2018 the ticket will be dismissed and AA will not lose his license.

On April 23, 2014, BN, a 20 year old male from Tewksbury, was driving on his way to work. He was on Livingston Street in Tewksbury. A car was parked on the right side of the road with its hazard lights on. That car was half way in the travel lane and half way over the fog line. BN approached the stopped vehicle, slowed, put his left directional signal on, proceeded over the center line of the road, passed the stopped vehicle, and then went back into his lane of travel. An unmarked car pulled up behind BN and began to blink its lights. The unmarked car got right on BN’s tail. BN continued on. The unmarked car then pulled alongside BN and the operator held up a police badge. BN pulled over. An off-duty Tewksbury Police Officer came out of the unmarked car and approached BN. The off-duty police officer called for a cruiser and an on-duty police officer responded to the scene. BN was ordered out of his car; he was patted down by the police; the police searched his car. The police found nothing. The police then gave BN a citation for speeding and two marked lane violations.

BN requested a hearing and mailed in the citation. BN went to the first hearing before the Clerk-Magistrate without a lawyer and lost. BN appealed.

BN retained Attorney Robert Lewin from North Andover for the appeal hearing in front of the Judge. BN met with Attorney Lewin and fully prepared for the hearing. BN and Attorney Lewin went over the facts of the case in great detail. Attorney Lewin thoroughly prepared BN to testify. Attorney Lewin had BN practice his testimony as if they were in Court.

RJ, a 54 year old man who drives for a living, was at risk of losing his license for three speeding tickets. He had gone to Haverhill (MA) District Court on his own and lost his appeal of a speeding ticket and he had paid a speeding ticket in California which was then reported to Massachusetts. He then got stopped on the Lowell Connector and was charged with going 71 mph in a 55 mph zone. The police were using a Lidar Device. If found responsible he would have lost his license. On October 5, 2011 RJ and Attorney Robert Lewin appeared in Lowell District Court for the hearing in front of the Clerk-Magistrate. RJ thought his case was hopeless. After a full hearing before the Clerk-Magistrate RJ was found NOT responsible. RJ and Attorney Lewin focused on RJ’s version of what had occurred and his testimony that he was going 53 mph. The Clerk-Magistrate found RJ’s version credible, the Lidar reading notwithstanding.

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