Operating After Suspension After OUI Charge DISMISSED

On March 14, 2014 EB, a 42 year old RN was observed operating a motor vehicle on the Mass. Pike. The state police ran a random check of the Registration Plate and it indicated that the owner of the vehicle was a 42 year old female whose license had been revoked for two years following a conviction for OUI 2nd Offense in November 2013. The trooper pulled EB over and she immediately confessed to the officer that her license was revoked for two years as the result of her conviction for OUI Second Offense. After considerable pleading by EB the Trooper did not arrest EB but issued her a citation for OAS for OUI (Operating After Suspension where the suspension is the result of an OUI Conviction). The trooper had her car towed from the scene. This offense carries a mandatory minimum sentence of 60 days in the House of Correction, no exceptions.

EB immediately contacted Attorney Robert Lewin. Attorney Lewin directed EB to IMMEDIATELY go to the Waltham District Court and request a hearing. The next day EB went to Waltham District Court and requested a hearing.

EB was a widow and the single parent of a 12 year old son. She worked full time as a nurse and was a cancer surgery survivor. The best hope for avoiding the 60 day jail sentence (maximum 2 1/2 years) was to try to resolve the case at the Clerk-Magistrate Hearing without a criminal complaint issuing. Attorney Lewin reached out to the State Trooper who issued the citation to thank him for not arresting EB, but rather citing her.

On May 13, 2014 Attorney Lewin and EB appeared in Waltham District Court for the Clerk-Magistrate Hearing. Attorney Lewin expressly told the Clerk-Magistrate that this hearing was the last real opportunity for EB to avoid the 60 day jail sentence. The Clerk-Magistrate had great reservations about not issuing a complaint. Attorney Lewin persevered and suggested a number of conditions: alcohol free, random alcohol testing, and community service. At the end the police agreed with Attorney Lewin. The Clerk-Magistrate then agreed NOT to issue a criminal complaint against EB. She was so lucky. Had the complaint issued against her the DA’s Office never would have agreed to reduce the charge and ultimately EB would have ended up doing at least 60 days in MCI Framingham. This probably would have cost her her job. As EB and Attorney Lewin left the Waltham District Courthouse, EB gave Attorney Lewin a huge hug and told him he was her superhero. The job does have its perks!

Attorney Lewin had explained to EB that when your back is against the wall (as her’s was) you have absolutely nothing to lose by asking for the world. We asked for the complaint not to be issued and the Clerk-Magistrate granted our request.

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