Hit & Run and Negligent Operation Charges Dismissed

On April 22, 2018 RB, a 24 year old sales associate from Wilmington was driving his car on North Street in Tewksbury. He was making the turn from North Street onto Livingston Street when he lost control of the car. He struck and demolished a stone wall and a mailbox. He then left the scene and drove about 400 feet from the scene of the accident where his car could go no further. The whole accident was captured on a security video. The police responded and found RB. At first he told the police that his car had been struck by a hit and run driver but then he admitted that he had struck the wall and the fence.

The police cited RB for Leaving the Scene of a Property Damage Accident, Negligent Operation, Speeding, and Marked Lane violation. RB and his father, several days later, returned to the scene of the accident and went and spoke to the owner of the property where the wall and mailbox had been situated. RB’s father hired a contractor to come in and rebuild the wall and rebuild and replace the mailbox. The work was done within a matter of days.

The owner of the property – luckily for RB – was a very understanding man. He wrote a letter stating that everything had been repaired and that RB had apologized to him and that he sought nothing further from RB.

RB filed the citations at Lowell District Court and requested a hearing before a Clerk-Magistrate. RB hired Attorney Robert Lewin from North Andover. Attorney Lewin immediately reached out to the Tewksbury Police Prosecutor and discussed the case with him. On November 16, 2018 a Clerk-Magistrate’s Hearing was held at Lowell District Court. Attorney Lewin presented the letter from the owner of the property and Attorney Lewin had RB’s father present at the hearing. RB’s driving record was terrible and if the Clerk-Magistrate had issued a criminal complaint against RB for Leaving the Scene and Negligent Operation, RB stood to lose his license for 4 years as an Habitual Traffic Offender. Attorney Lewin advocated with the Clerk-Magistrate to not issue a criminal complaint against RB. The Clerk-Magistrate was influenced by the fact that RB’s father had played an active role in seeing that his son apologized and in seeing that the wall and mailbox were fixed. The Clerk-Magistrate was also influenced by the fact that RB’s father had come to the hearing to support his son. At Attorney Lewin’s urging the Clerk-Magistrate declined to issue the criminal charges against RB. In addition the Clerk-Magistrate found RB NOT responsible of the civil charge of speeding.

As a result of this NO criminal complaint was issued against RB; he does NOT have to appear before a Judge; he has no criminal record as a result of this incident.