DUI Liquor – Newburyport District Court – NOT Guilty After Trial

On September 22, 2021, EC, a 33 year old Registered Nurse, attended an evening concert at the Hampton Beach Casino. Over the span of about 4 hours she had two drinks. At about 1:30 AM on the morning of September 23, 2021, she left the concert, got into her car, and headed home to Cambridge. She was very low on gas and sought the nearest gas station on her GPS. The GPS directed her down Route 1 South to a gas station. When she arrived the station was closed. Her GPS then directed her to a gas station further down Route 1 South.  She came to the intersection of Route 1 and Route 133 by the Agawam Diner in Rowley and her car ran out of gas. EC got on her cell phone and called AAA. While she was on the phone with AAA the Rowley Police arrived on scene. Everything thereafter was captured on the bodycam and dashcam videos. The police pushed EC’s car off the highway into the parking lot of the diner. The police could smell an odor of alcohol coming from EC and had her exit her car. A series of field sobriety tests were performed (all captured on the videos). The police arrested EC and she was transported to the station. In the station she was booked and the entire booking was captured on the video. On the morning of September 23, 2021, EC went to court, was arraigned, and her case was continued. EC contacted and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately obtained all the bodycam and dashcam and station videos. The videos were excellent and showed EC to stand straight and walk straight and talk perfectly. Attorney Lewin told EC that she should take her case to trial. While at the concert EC had bumped into a friend (who was also a nurse) and the two of them had spent the evening at the concert together. The friend would be a very good witness who could (and did) testify that EC was sober all evening and was sober when she left the concert. Attorney Lewin met (via zoom) with EC and her witness twice in the week leading up to the trial. EC and her witness were thoroughly prepared to testify and to answer any questions the DA may ask.

On April 26, 2022 EC, Attorney Lewin, and the witness appeared at Newburyport District Court for EC’s trial. Because the evidence of her innocence was so strong EC opted for a trial by Judge. The case proceeded to trial and the Judge found EC NOT guilty. As EC and Attorney Lewin were leaving the Newburyport District Courthouse, EC gave Attorney Lewin a big hug and thank you! It doesn’t get much better.

The win in this case was brought about by thorough preparation and excellent trial skills. Attorney Lewin obtained and reviewed in detail all the videos (over 4 hours worth). EC and her witness were thoroughly prepared to testify well before the trial date. Attorney Lewin was able to bring out the weaknesses of the Commonwealth’s case in his cross examination of the police. This level of skill and preparation comes the fact that Attorney Lewin has been practicing criminal law for 51 years. He was an Assistant District Attorney from 1972-1975 and for the last 47 years has limited his practice to Criminal Defense.

In a review that EC posted on AVVO.com the day after being found not guilty she wrote as follows: