OUI DRUGS & RECKLESS OPERATION CHARGES DISMISSED AT CLERK-MAGISTRATE HEARING

On August 31, 2019, UN, a 21 year old college student was driving his car in Beverly, MA when he veered off the road and struck a tree head on. The police responded to the scene (along with a group of neighbors). UN was behind the wheel and appeared to be drifting in and out of consciousness. His pupils were extremely dilated. In the car the police found an open container of beer along with what appeared to be a “drug pipe” (as described in the police report). Two doses of Narcan were administered to UN and he responded. He was brought to Beverly Hospital. The police cited UN for OUI Drugs and Reckless Operation. In addition, the Police also served UN with a Notice of Immediate Threat. A notice of Immediate Threat is a notice that the police send to the Registry of Motor Vehicles to request the RMV to suspend a person’s license because the person (for either a medical reason or some other reason) poses a threat to the public if they operate a motor vehicle.

UN insisted that he had not consumed any drugs or any alcohol. UN (and his family) sought out a lawyer. UN and his Mother had an initial free consultation with Attorney Robert Lewin from North Andover. The consult ran over two hours. UN and his family hired Attorney Lewin.

Attorney Lewin told UN that the Hospital Report would be critical to defending this case – and it was. Attorney Lewin directed UN to go to the hospital and obtain a copy of the complete hospital report – including most importantly all the blood test results and all the urine test results. Sure enough, the test results showed NO alcohol and NO controlled substances -in particular NO opiates. The case became a slam dunk at that point.

On October 3, 2019 UN and his mother and Attorney Lewin appeared at Salem District Court for a  “show-cause” hearing before the Clerk-Magistrate. Before the hearing Attorney Lewin spoke to the police prosecutor and showed him the results of the blood and urine tests from the hospital. It turned out that UN had had a medical event and had fainted behind the wheel.  At the hearing Attorney Lewin had UN  and his Mother testify. In addition Attorney Lewin read the relevant parts of the hospital reports to the Clerk-Magistrate. At the conclusion of the hearing the Clerk-magistrate found NO probable cause for either criminal offense and dismissed the case.

As a result of this disposition Attorney Lewin explained the following to UN:

  • NO criminal complaint was being issued against him.
  • He was NOT charged with any criminal offense.
  • NO criminal record was created as a result of this incident.
  • Although UN would have to deal with the RMV as far as the Immediate Threat suspension was concerned, there would NOT be any additional action taken by the RMV as a result of the citation.

UN and his Mother left Salem District Court very pleased with the results.

The case was well prepared; the medical records were obtained and reviewed in advance of the hearing; UN was prepared to testify; and as a result the best possible result was obtained.