TrafficOffenses

October 18, 2026

Motorcycle Crash – Negligent Operation Charge Diverted

On August 2, 2026, EK, a 19 year old man, was operating his Kawasaki Ninja in Middleton. He was travelling at about 100 mph into a turn. The bike was leaned far to the left so that his leg was barely scraping the ground when he lost control of the bike. The bike skidded across the road striking an oncoming car on the side. The bike, with EK still on it, went over a guard rail on the side of the road and then travelled back onto the road and came to a stop in the roadway on top of EK. EK’s leg was severely injured and he was taken from the scene to a hospital. His right calf was “degloved”; the skin and fat underneath were completely pulled off exposing the calf muscle. (To this date, October 18, 2026, he is still recovering.) No one in the vehicle he struck was injured. The police cited EK with Negligent Operation of a Motor Vehicle, Speeding, and A Marked Lanes Violation. EK received a summons to appear in Salem District Court for an arraignment on October 7, 2026.

EK works in an auto shop and he absolutely needs his license to work. This was his third surchargeable accident and the registry is requiring him to take the Driver Retraining Program within 90 days to avoid an indefinite suspension of his license. In addition, if he is found guilty of the Negligent Operation charge he will lose his license for 60 days (with NO hardship exemption). In addition, EK has no criminal record and he wanted to keep his record clean. EK and his parents consulted with and retained Attorney Robert Lewin from Andover to defend EK in Salem District Court.

Attorney Lewin immediately went to work on the case and went to Salem District Court to view the court papers. Attorney Lewin sensed there was a procedural error in the way the criminal complaint was issued against EK. When a person is charged with a misdemeanor (such as Negligent Operation) and the person has not been arrested, in the absence of certain conditions not present in EK’s case, the person must be afforded a Clerk-Magistrate hearing before a crimimal complaint can be issued. EK had not been arrested and the criminal complaint against him had been issued without a Clerk-Magistrate Hearing. Attorney Lewin prepared and filed a Motion to Dismiss the case (along with the required Affidavit of Facts and Memorandum of Law). Attorney Lewin explained to EK and his parents that he was doing this to gain leverage with the DA in the case. If the Motion were allowed and case dismissed, the police could refile the charges against EK and he would get his Clerk-Magistrate Hearing and in all likelihood the Clerk-Magistrate would issue a new criminal complaint and we would be right back to where we were. BUT, Attorney Lewin explained to EK and his parents, the police may not want to do that extra work and the DA may not want to bother the police with that extra work. So Attorney Lewin approached the DA and opened up a discussion with the DA about resolving the case in a manner that EK would get NO criminal record, NOT lose his license, and the charges against him – all three of them – would ultimately be dismissed. A crimimal record gets created when an arraignment takes place. Attorney Lewin and the District Attorney agreed on pre-trial diversion.

September 29, 2026

Speeding: NOT Responsible – NO Loss of JOL

by Robert D. Lewin

AM is a 17 year old private school student with a Junior Operator License. He drives himself back and forth to school five days a week and needs his license. On July 16, 2026, he was caught speeding in the Town of Essex, estimated speed of 60 mph in a 30 mph zone. He was pulled over by the police and given a citation for speeding. He and his parents learned that if he was found responsible for the speeding ticket he would lose his JOL (junior operator license) for 90 days. Both of his parents work and he needed to be able to drive himself to get back and forth to school. AM appealed the citation and requested a hearing before a Clerk-Magistrate at Gloucester District Court.

AM and his parents contacted and retained Attorney Robert Lewin from Andover. Attorney Lewin told them there was much that could be done to convince the Clerk-Magistrate not to find AM responsible. Attorney Lewin had AM and his parents furnish Attorney Lewin with the following documents:

AM’s RMV driver record – it was clean.

August 20, 2026

NO INSPECTION STICKER – NOT RESPONSIBLE FINDING

by Robert D. Lewin

On June 8, 2026, SF, a 20 year old man from Lawrence, got pulled over by the State Police in Peabody. The inspection sticker on his newly purchased used car had expired. In Massachusetts you have 7 days from the day you register a car to get a new inspection sticker on the car and he was passed the 7th day. The Trooper gave him a citation for No Inspection Sticker. The big problem for SF is that he had a long list of motor vehicle violations on his record and he was at risk of losing his license and adding additional hundreds of dollars per month to his car insurance. On June 3, 2026, Attorney Lewin had represented SF in Woburn District Court and got NOT Responsible findings to charges of Speeding and No License in Possession at a Clerk-Magistrate Hearing. (Charges of which he was absolutely guilty.)

After SF got the ticket on June 8, 2026, he immediately (the very next morning) got the car inspected and got a new inspection sticker. SF again retained Attorney Robert Lewin. Attorney Lewin had SF furnish Attorney Lewin with pictures of the new sticker on the car windshield. On August 20, 2026, SF and Attorney Lewin appeared in Peabody District Court for the Hearing before the Clerk-Magistrate on the ticket. The State Police were present and read the report to the Clerk-Magistrate. Attorney Lewin then explained that the very next day SF had got the car inspected and Attorney Lewin presented the pictures of the car with the new sticker on it. Attorney Lewin further explained that a responsible (guilty) finding would cost SF hundreds on his car insurance per month and could jeopardize his license. Attorney Lewin asked the Clerk to find SF NOT responsible. The Clerk-Magistrate turned to the State Trooper and the Trooper said he had no objection. The Clerk-Magistrate then announced that she was finding SF NOT Responsible.

Although this was a relatively simple case, Attorney Lewin fully prepared the case and had all the evidence that was needed to put the case in the win column. Attorney Lewin was an Assistant District Attorney from 1971 to 1975 and for the last 51 years has limited his practice to criminal defense. Results like this are common for Attorney Lewin as he fully and carefully prepares every case that he takes on. There are very few lawyers in Massachusetts who have the years of experience and breath of knowledge and “simple know how” that Attorney Lewin brings to every client and every case.

June 24, 2026

Unlicensed Operation – DISMISSED

by Robert D. Lewin

On October 19, 2022, EJ, a 28 year old Logistics Analyst, was driving her car on Rt. 3 North in Chelmsford. She went off the road and crashed into a sign and guardrail. The State Police responded. EJ had a restriction on her license that she was supposed to wear corrective lenses (eyeglasses) when driving. She was not wearing her glasses and admitted that to the police. The police cited EJ for violation of a restriction on her license (a criminal offense) and unsafe operation (a civil violation). EJ requested a hearing at Lowell District Court. Three and a half years later in early 2026, EJ received a Notice of a Hearing on an Application for Criminal Complaint from Lowell District Court on this citation. EJ contacted and retained Attorney Robert Lewin from Andover.

There is a little known law (most lawyers are totally unaware of it) that requires the police to file their copy of a criminal citation with the Court within SIX DAYS of the violation. Attorney Lewin immediately went over to Lowell District Court and reviewed the court papers and discovered that the police had delayed three and a half years and did not file the citation at court until 2026. Attorney Lewin prepared a Motion to Dismiss the case.

On June 12, 2026, EJ and Attorney Lewin appeared at Lowell District Court for the hearing. The hearing began and the police officer began to read the police report to the Clerk-Magistrate. As soon as the Police Officer recited the date of the offense as being in 2022, the Clerk-Magistrate (whom Attorney Lewin has known for over 30 years) looked over at Attorney Lewin. Attorney Lewin held up his Motion To Dismiss the case and was about to hand it to the Clerk-Magistrate, when the Clerk-Magistrate put her hand up and said “no need to”. I’m DISMISSING the application for the crimimal complaint and I am entering a finding of NOT responsible of the civil violation. It was a complete and total win. The Clerk-Magisdtrate did turn and say to EJ: “Wear your glasses when you drive.”

June 21, 2026

Unlicensed Operation – Warrant Cancelled – DISMISSED

by Robert D. Lewin

On September 20, 2019, AC, a then 31 year old man from the DR got stopped by the Lawrence Police for a marked lanes violation and unlicensed operation. He never went to court and a warrant issued for his arrest. Fast forward almost 7 years later. AC wanted to clear the warrant and get the case resolved. AC contacted Attorney Robert Lewin from Andover. Attorney Lewin assured AC that the matter could be taken care of both quickly and favorably. On Saturday, June 13, 2026, AC hired Attorney Lewin and on Monday, June 15, 2026, AC and Attorney Lewin went to Lawrence District Court. Attorney Lewin met with the Assistant District Attorney and by 9:30 AM the case was resolved with the following results:

The warrant was CANCELED
A finding of NOT responsible was entered on the civil Marked Lanes Violation

June 5, 2026

LOSS OF LICENSE FOR 4 YEARS AVOIDED

by Robert D. Lewin

SF, a 20 year old young man from Lawrence, had 11 surchargeable events on his driver record, when he got pulled over by the Wilmington PD for Speeding (48 mph in a 30 mph zone) and No License in Possession. If he were found responsible on either one of the two violations he would become classified as an Habitual Traffic Offender (HTO) and would lose his license for 4 years. SF appealed the ticket and a Clerk-Magistrate Hearing in Woburn District Court was set for June 3, 2026, via zoom.

The police had SF on Lidar and the police report had him speeding in an area where there were two school buses. When the police pulled him over he could not locate his license. The facts were terrible and his driving record was terrible. SF needed a miracle.

SF consulted with and retained Attorney Robert Lewin from Andover to represent him. SF and Attorney Lewin worked side by side to put together a presentation that would hopefully convince the Clerk-Magistrate that SF was deserving of a second chance. It was a comprehensive presentation. Attorney Lewin had filed color photos of SF’s license, registration certificate, inspection sticker, front plate, rear plate, clear windows, and SF’s insurance policy which showed that he was in full compliance with the law regarding his car and that he was already paying well over $5,000 per year to insure a 14 year old car. The presentation struck a nerve with the Clerk-Magistrate. She gave SF a talking to about his driving, but in the end she said I am going to give you that second chance that Attorney Lewin requested. I am finding you NOT responsible of both violations.

May 15, 2026

Winning Twice

by Robert D. Lewin

On June 11, 2025, MK was stopped by the Lynn PD and given a citation for speeding and obstructed window. MK appealed the ticket and on October 28, 2025, MK had a hearing before a Clerk-Magistrate at Lynn District Court. MK retained a lawyer for that hearing. The lawyer did a good job and at the conclusion of the hearing the Clerk-Magistrate said that he was continuing the hearing for six months and if MK had no law violations during that six month period then findings of NOT responsible would be entered in the case. The six months went by; MK stayed out of trouble. On April 14, 2026, MK and his lawyer went back to Lynn District Court and the Clerk-Magistrate entered findings of NOT responsible as to both charges. MK had won his case. The police appealed! (On these Civil Motor Vehicle Infractions – CMVIs) either side can appeal the ruling of a Clerk-Magistrate.

The Appeal was set down for a hearing before a Judge on May 1, 2026. Although his lawyer had done a good job, MK wanted a “stronger, more assertive” (his words) lawyer to represent him on the Appeal. MK consulted with and retained Attorney Robert Lewin from Andover to represent him on Appeal. Attorney Lewin thoroughly prepared MK’s case. Attorney Lewin prepared a Motion for Findings of Not Responsible in the case. Attorney Lewin obtained a favorable written affidavit from the lawyer who had represented MK at the Clerk-Magistrate Hearing. Attorney Lewin served the motion and affidavit on the Lynn Police Prosecutor.

On May 1, 2026, MK and Attorney Lewin appeared in Lynn District Court in the First Session before the Judge. The Judge read Attorney Lewin’s Motion. Attorney Lewin began to argue the Motion; the Judge turned to the police prosecutor; the police gave up! The prosecutor said that they agreed that MK should be found NOT responsible. The Judge entered findings of NOT responsible as to each of the alleged violations.

August 21, 2025

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

by Robert D. Lewin

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