Articles Posted in Unlicensed Operation

On May 4, 1991, AS, a 19 year old woman, went out on a date with a man in his twenties. AS picked the man up at work and they went out. He told her that he had a license and she allowed him to drive her car. The man was speeding and the police blue lights came on behind them. He pulled over and said to her “switch seats with me as I do not have a license”. They switched seats (which the police officer saw). The police came up to the car and asked the male for his license. He said he had not been driving. The police then looked at AS and she said he had been driving. The police had the man exit the vehicle and they arrested him for unlicensed operation (in fact his license had been suspended). The police issued AS a citation for “permitting an unlicensed person to operate her motor vehicle”. In Massachusetts it is a criminal offense to permit or allow a person who is not duly licensed to operate a motor vehicle.

AS took the citation but never requested a Clerk-Magistrate Hearing. (Had she requested a hearing the case most likely would have been resolved without a criminal complaint issuing against her.) In any event, a summons was issued for AS to appear in Gloucester District Court for an arraignment on August 20, 2021. AS’s parents contacted Attorney Robert Lewin from Andover and retained him

Attorney Lewin immediately obtained the police report and then contacted the DA’s Office. AS was working as a deli clerk at a supermarket and she was enrolled in college and she had no criminal record. It was important for AS to try to keep her record clean. A criminal record gets created when a person is arraigned on a criminal charge. Attorney Lewin pointed out all these factors to the Assistant District Attorney and advocated for the DA to agree to a dismissal of the case prior to arraignment. A Judge cannot order  a case dismissed prior to arraignment if the DA does not agree to it. As a result of Attorney Lewin’s advocacy, the DA agreed to dismiss the case prior to arraignment.

On October 8, 2020, RK, a 25 year old software engineer for a communications company from New York City, was travelling from NY to Boston. She had a learner’s permit from NY. The car she was driving had a temporary paper plate that had folded over on itself so that the full plate# was not visible. A State Trooper signaled for her to  pull over on Route 84 and she pulled into a rest area and stopped. She had a male passenger in the car and he had no license. The trooper asked her for her license and she produced her NY State learner’s permit. The Trooper told her and the passenger to exit the vehicle. The Trooper, perhaps suspecting that she was transporting drugs, then completely searched the car including the trunk and the glove compartment – finding nothing. The Trooper said the car would have to be towed and she and her passenger would have to make arrangements to get picked up. The Trooper cited her for Unlicensed Operation (a criminal offense) and for a Number Plate Violation (failure to properly display). RK took the citation and completed the citation and mailed it in to the Dudley District Court to request a Clerk-Magistrate Hearing.

RK has a good job in a good profession and is very upwardly mobile. She absolutely did not want to have any criminal record. RK consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to RK that getting her NY license would be very helpful to getting the case favorably resolved. RK signed up for her driving test in NY. Her driving test was set for April 1, 2021. Her court hearing on the ticket was set for April 8, 2021,

On April 1, 2021 RK was set to take her driving test; however, due to the covid-19 pandemic the DMV was not giving any road tests and her road test was cancelled.

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.

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