TrafficOffenses

August 21, 2025

UNINSURED, UNREGISTERED, IMPROPER TURN & NO SEAT BELT CHARGES AVOIDED

On Thursday, June 19, 2025, DT, a 27 year old assembler, drove to the Dunkin store on Rt. 125 in Bradford near the Ward Hill entrance to Rt. 495. When he exited the store there are large signs indicating you cannot make a left turn. DT turned left across the double yellow sign and proceeded north on Rt. 125. Unfortunately for DT there was a Haverhill Police car sitting there watching him. The blues came on and DT got pulled over. He was not wearing his seat belt. The officer took his license and registration and went back to the police car. When the officer ran the registration, he learned that the insuance had been cancelled for non payment of premiums and as a result the registration had been revoked by the Registry of Motor Vehicles. The officer gave DT a citation for the four violations and had the car towed.

To his credit, DT immediately contacted his insurance company and paid the premium due for the insurance. He then went to the RMV and got his registration reinstated. DT requested a hearing. A person receiving a citation (where there is no arrest) has four days to request a hearing to challenge the citation.

DT contacted and retained Attorney Robert Lewin from Andover to represent him. Attorney Lewin immediately contacted DT’s insurance company and obtained a copy of DT’s insurance policy showing that it had been renewed the very same day that he had been stopped by the police. In addition, Attorney Lewin obtained a copy of the new certificate of registration to show that the registration has been reinstated. Lastly, Attorney Lewin obtained a copy of DT’s driver history from the RMV. It was completely clean! He had never got a ticket for anything! Attorney Lewin spoke to the Haverhill Police Prosecutor and furnished the police prosecutor with copies of all the paperwrk that Attorney Lewin had obtained. Attorney Lewin asked the police prosecutor if he would agree to drop the unregistered and uninsured charges. (Operating an Uninsuired Motor Vehicle is a criminal offense that carries with it a loss of your license.)

August 5, 2025

Operating Uninsured Motor Vehicle 5th Offense To Be Dismissed

by Robert D. Lewin

DF, a 48 year old self employed electrician, had four prior oprating uninsured motor vehicle cases when he got stopped by the State Police in Dedham. He had one plate on his vehicle (Masssachusetts requires both a rear and front plate) when he got pulled over. The Trooper ran the one plate and saw that DF’s vehicle was uninsured. The Trooper had the car towed and cited DF for a plate violation and for operating an uninsured motor vehicle. Unfortunately for DF his case was in Dedham District Court. The presiding judge in Dedham treats these motor vehicle charges seriously and is not prone to dismssing them. A conviction carriers a 60 day loss of license – which for DF, a self-employed electrician – would put him out of business. Over a number of months DF appeared in Dedham District Court but he was unable to get a resolution of the case that would not involve him losing his license. Finally, DF sought out and retained Attorney Robert Lewin from Andover to represent him. The Judge kept bringing up the fact that DF had a history of these cases.

On July 31, 2025, DF and Attorney Lewin appeared in Dedham District Court. Attorney Lewin had done his homework and had obtained letters from DF’s Insurance company that showed that DF had in fact had insurance on a number of those prior cases and that in the Dedham case his insurance had been cancelled because of a change in credit cards. And Attorney Lewin was able to show that DF had rectified the insurance issue in the Dedham case the very same day that he was stopped in Dedham. The Judge was pushing DF (and Attorney Lewin) to get DF to plead guilty. Attorney Lewin absolutely refused and pushed back. Ultimately the Judge agreed to continue DF’s case for 3 months and dismiss the case if DF stayed out of trouble. This was NOT a continuance without a finding (which requires an admisdsion of guilt). There was NO admission of guilt or wrongdoing on DF’s part. In three months the case will be dismissed and DF will NOT lose his license.

Attorney Robert Lewin brings to all his cases a level of experience, preparation, and fight that is rarely seen. Attorney Lewin was an Assistant District Attorney from 1972-1975, and for the last 50 years has done nothing but criminal defense. The results he gets for clients speak for themselves.

January 16, 2025

ALL TRAFFIC OFFENSES DISMISSED IN LYNN DISTRICT COURT

by Robert D. Lewin

On December 29, 2023, MF, a 35 year old nursing student, was stopped by the State Police on Route 1 in Saugus. The police cited him for an array of offenses:

Operating an Uninsured Motor Vehicle
Operating a Motor Vehicle After Suspension of the Registration

December 24, 2024

Operating an Uninsured Motor Vehicle and Speeding Charges DISMISSED

by Robert D. Lewin

On October 17, 2024, IS, a 33 year old counselor was stopped in North Andover for speeding and operating an uninsured motor vehicle. IS has a substantial motor vehicle record and a finding against him would have caused his license to be suspended. To his credit, within two days of getting the citation IS got his car insured and got the registration renewed (the police did not charge him with the offense of operating an unregistered vehicle). IS failed to request a clerk-magistrate hearing and a criminal complaint issued against him. IS received a summons in the mail to appear in Lawrence Distrioct Court for an arraignment on Decembedr 20, 2024. IS consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin, with assistance from IS, gathered together all the necessary paperwork (the new insurance policy showing that it was purcahsed two days after the incident as well as the new registration certificate). On December 20, 2024 IS and Attorney Lewin went to Lawrence District Court for the arraignment. Attorney Lewin met with the Assistant District Attorney and furnished copies of the new insurance policy and the new registration to the Assistant DA. At Attorney Lewin’s request, the Assistant District Attorney agreed to DISMISS the uninsured motor vehicle charge prior to arraignment and the Assistahnt DA agreed to enter a finding of NOT responsible on the speeding charge. This was the very best of all possible results.

By dismissing the case prior to arraignment this case did NOT go onto IS’s crimimal record. In addition, IS did not suffer any penalty against his driver’s license from the Registry of Motor Vehicles. It was a complete win.

May 2, 2023

Operating After Revocation of Registration Dismissed in Woburn District Court

by Robert D. Lewin

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.

November 15, 2022

Tinted Window – NOT Responsible

by Robert D. Lewin

On August 18, 2020, EA, a 23 year old metal polisher, was pulled over by the state police in Methuen. His front driver side and passenger side windows appeared too dark for the trooper. The trooper got out his measuring device and measured the amount of tint. The trooper cited EA for excessive tint. EA requested a hearing. EA had previously retained Attorney Robert Lewin from Andover for a hit and run charge which Attorney Lewin successfully defended. EA again consulted with and hired Attorney Lewin to defend against this charge.

On November 15, 2022, Attorney Lewin and EA appeared at Lawrence District Court for a clerk-magistrate hearing. The State Police were present. The Trooper testified that he measured the tint on the windows with his device and the tint was 23%. Attorney Lewin asked the Trooper one question. What is the legal limit for a lawful tint? The Trooper looked at Attorney Lewin and at the Clerk-Magistrate; the Trooper smiled; and then said “I don’t know!!” Attorney Lewin turned to the Clerk-Magistrate and before Attorney Lewin could ask for a not responsible finding the Clerk-Magistrate marked the court papers NOT responsible.

The case was simple enough; but it shows that Attorney Lewin was on his toes and picked up immediately on the missing piece in the case. EA who has a lengthy record and who needed to beat this ticket to get his license back was thrilled. (EA’s case was the first of two Motor Vehicle Clerk Hearings that Attorney Lewin had on November 15, 2022 both of which Attorney Lewin won.)

September 14, 2017

Traffic Ticket Win

by Robert D. Lewin

On April 7, 2017 CN, a 59 year old engineer, was driving to work when she got pulled over by a Bedford (MA) police officer and was given a civil motor vehicle citation for failure to slow at an intersection. CN has a lengthy motor vehicle record and was at risk of losing her license and of getting hit with additional insurance surcharges. CN retained attorney Robert Lewin from North Andover. Attorney Lewin had CN go to the intersection in question and take a series of pictures. The pictures were helpful in showing that CN had an unobstructed view of the traffic on the intersecting way. Attorney Lewin prepared CN for the hearing and gave her the do’s and dont’s of testifying before the clerk-magistrate. On July 12, 2017 Attorney Lewin and CN appeared in Concord District Court for the hearing before the Clerk-Magistrate. CN testified and Attorney Lewin presented the photos. The Clerk-Magistrate found CN NOT responsible. CN left the courthouse with a smile on her face.

December 4, 2016

HIT & RUN: DISMISSED PRIOR TO ARRAIGNMENT

by Robert D. Lewin

EN, the 36 year old owner of a manufacturing company and a North Andover Resident, received a citation in the mail for leaving the scene of a property damage accident in the O’Neill Tunnel in Boston. EN’s company owns about ten vehicles and employs about 40 people. EN knew nothing of any alleged accident. EN researched his company records and was able to identify the particular truck and driver. The driver had no recollection of any accident and denied being in any accident. EN failed to appear for a Clerk-Magistrate Hearing and a criminal complaint issued against EN for Leaving the Scene of a Property Damage Accident. EN was summonsed to court for an arraignment (Boston Municipal Court, Central Division). He went into the arraignment without an attorney thinking he just had to tell the Judge that he was not driving and the case would go away. The Judge told EN to get a lawyer and come back to court with his lawyer. The Judge continued the arraignment to Friday, December 2, 2016.

EN consulted with and retained Attorney Robert Lewin from North Andover. Attorney Lewin contacted the State Police to see if they had any video recording of this supposed accident. From experience in other cases Attorney Lewin is familiar with the video recording system in the O’Neill tunnel complex in Boston. In addition Attorney Lewin had EN research the company payroll records to verify exactly who had the truck on the day in question and whether the tunnel was on the truck route for that date. Attorney Lewin prepared and filed a Motion to Dismiss the case (prior to arraignment) on the grounds that there was no evidence that EN was operating the vehicle on the date alleged in the police report. The police report simply stated that EN owned the truck. There was no evidence that EN was driving the truck. A Motion to Dismiss a criminal complaint for lack of probable cause is called a DeBenadetto Motion. In addition Attorney Lewin prepared and filed a Motion to Dismiss the complaint for failure of the police to furnish the video.

On December 2, 2016 EN and Attorney Lewin appeared in the arraignment session of the Boston Municipal Court. Attorney Lewin explained to the DA that there was no evidence that EN was driving the truck. Attorney Lewin insisted that the DA dismiss the case. The DA agreed but then the DA hesitated. The case was called and Attorney Lewin explained the facts to the Judge and the Judge ordered the case dismissed prior to arraignment. The significance of the dismissal being ordered prior to arraignment is that now the case will NOT show up on EN’s CORI (Criminal Offender Record Information). EN and Attorney Lewin walked out of the Courthouse two happy people!

October 2, 2015

COLLEGE STUDENT AVOIDS CRIMINAL RECORD

by Robert D. Lewin

On September 16, 2015 DP, an 18 year old college Freshman from Andover, allowed a 16 year old friend to drive his car. DP was in the car at the time. DP thought that the friend had a learner’s permit and DP thought that because he was 18 and licensed that he could allow the friend to drive the car. DP was wrong on both counts. His friend did not have a learner’s permit and the age is 21, not 18. The friend cut another car off and unbeknownst to either DP or the friend a police car was directly behind them. The blues went on and the friend pulled over. The police cited the friend from Negligent Operation and Operating without a License. The police cited DP for allowing an improper person to operate. There is a criminal statute in Massachusetts that makes it a crime for the owner or person in control of a motor vehicle to allow an “improper person” to operate their vehicle. The term “improper person” includes someone who has no permit or license. DP had no criminal record and is a college freshman and wants to keep his record clean. DP and his parents hired Attorney Robert Lewin from North Andover to handle the case.

Attorney Lewin knows the Andover Police Prosecutor well. Attorney Lewin spoke immediately with the police prosecutor and explained the situation to the police prosecutor. The police prosecutor agreed with Attorney Lewin’s request to not have a criminal complaint be issued against DP. On October 1, 2015 Attorney Lewin and DP and his parents appeared at Lawrence District Court for a hearing before a Clerk-Magistrate. At the hearing Attorney Lewin explained that DP thought his friend had a learner’s permit and he thought that being 18 he could allow his friend to drive.

September 25, 2015

SUSPENSED LICENSE CHARGE DISMISSED

by Robert D. Lewin

On August 24, 2015 JO, a 52 year old woman from Lawrence was driving her car and headed the wrong way down a one way street. There was an officer there who immediately pulled her over. Unfortunately for JO her license was suspended and had been suspended since 1993 when she was involved in a car accident and failed to pay a property damage judgment that had been entered against her. In Massachusetts if you are involved in an accident where you cause damage to another vehicle (or other property) and you fail to pay for the damage the Registry suspends your license until you pay the property damage judgment or work out a payment schedule. JO had never been able to pay or work out a payment schedule. JO was cited by the officer and was sent a notice to come to court for a Clerk-Magistrate hearing for a one-way street violation and for operating after suspension of license. JO retained Attorney Robert Lewin.
Attorney Lewin told JO the best approach in these cases is to get your license reinstated before the Court hearing. It turned out that the Attorney for the party that had the property damage judgment against JO had died. Attorney Lewin sent JO to the RMV and because there was no record as to whom the money was owing and there was no one to pay the RMV lifted the suspension and reinstated JO’s driving privileges. Because it had been 22 years, JO was issued a learner’s permit and must take the driving test again. Attorney Lewin spoke with the Police Prosecutor and told the Police Prosecutor the background of the case and that JO had been reinstated by the RMV. The police prosecutor agreed that he would not press for a criminal complaint to be issued against JO at the Clerk-Magistrate Hearing.
On September 24, 2015, JO and Attorney Lewin appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Attorney Lewin showed the Clerk-Magistrate and the Police Prosecutor JO’s new learners permit. Attorney Lewin asked that a criminal complaint not be issued against JO. The Clerk-Magistrate then dismissed the application for the criminal complaint and she also entered a not responsible finding on the one-way street violation. JO won her entire case. JO walked out of the courthouse very happy.