Driving After Suspension Charged Dismissed at Clerk-Magistrate Hearing

On April 19, 2024, JH, a 25 year old financial assistant at a large university, got pulled over by the Andover Police for driving on a suspended license. Three days later JH contacted Attorney Robert Lewin from Andover. Attorney Lewin instructed JH to immediately (that same day) request a Clerk-Magistrate Hearing at Lawrence District Court. Attorney Lewin could see that the suspension of the license was due to a snafu at the RMV. Attorney Lewin instructed JH as to what he should do to get his license reinstated at the RMV. Two days later, JH, following Attorney Lewin’s instructions, was able to get his license reinstated.

On May 30, 2024, Attorney Lewin and JH went to Lawrence District Court for a Clerk-Magistrate Hearing. Prior to the hearing, Attorney Lewin had spoken with the Andover Police Prosecutor and had explained the snafu at the RMV and had furnished the prosecutor with a copy of JH’s new license. At the hearing, Attorney Lewin explained the situation to the Clerk-Magistrate. The Clerk-Magistrate then declined to issue a criminal complaint against JH and dismissed the case.

Although this was a relatively simple case, it was thoroughly prepared by Attorney Lewin. JH was an excellent client and followed Attorney Lewin’s instructions. The preparation paid off and the case was dismissed without a criminal complaint issuing against JH. Attorney Lewin explained to JH the following:

  • JH was NOT charged with any criminal offense.
  • NO criminal complaint was issued against JH.
  • JH did NOT have to return to court and go before a Judge.
  • NO entry would be made in the CORI (Criminal Offender Record Information) system against JH.
  • No criminal record would be created as a result of this disposition.

It was a win.

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