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Attorney Lewin’s string of successful defense of Operating After Suspension of License charges continued full steam ahead in August of 2021. Attorney Lewin appeared in Lowell District Court on August 4, 2021 and was successful in having two clients avoid being prosecuted for operating after suspension.

HZ’s Case

HZ’s case:  HZ is a 38 year old permanent resident alien from China living in Lowell. He has a Doctorate in Bio Medical Engineering and is employed as a principal research engineer at a bio-tech company. In 2019 Dr. Z got a ticket for a marked lanes violation and he failed to pay the ticket. As a result the Registry suspended his license. He claimed not to have received any notice of the suspension. On August 26, 2020 Dr. Z was operating his car on Route 495 in Chelmsford. Suddenly the car in front of him came to a stop and Dr. Z could not stop in time and rear ended the stopped car in front of him. The police responded to the scene and when they ran Dr. Z’s license it came back as suspended. The police issued Dr. Z a citation for Operating After Suspension of License and for Following too Closely (a civil violation). Dr. Z – to his credit – immediately went to the Registry and paid the outstanding ticket from 2019 and he paid a reinstatement fee and got his license reinstated. Dr. Z also sent the citation in to Lowell District Court to request a hearing. Because of covid-19 getting a hearing date was substantially delayed. Finally Dr. Z received a notice from Lowell District Court that his hearing on the State Police Application for a criminal complaint against him was scheduled for August 4, 2021. Dr. Z sought out a lawyer and met with (via zoom) and hired Attorney Robert Lewin from Andover. Attorney Lewin immediately contacted Dr. Z’s insurance company to make certain that the person whose car Dr. Z rear ended had been paid for their property damage in full. Attorney Lewin obtained written confirmation from the insurance company of the payment in full. Attorney Lewin obtained a copy of the police report. Attorney Lewin also obtained written verification from the Registry that Dr. Z had paid the outstanding ticket from 2019 and that his license was fully reinstated by the Registry.

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On May 4, 1991, AS, a 19 year old woman, went out on a date with a man in his twenties. AS picked the man up at work and they went out. He told her that he had a license and she allowed him to drive her car. The man was speeding and the police blue lights came on behind them. He pulled over and said to her “switch seats with me as I do not have a license”. They switched seats (which the police officer saw). The police came up to the car and asked the male for his license. He said he had not been driving. The police then looked at AS and she said he had been driving. The police had the man exit the vehicle and they arrested him for unlicensed operation (in fact his license had been suspended). The police issued AS a citation for “permitting an unlicensed person to operate her motor vehicle”. In Massachusetts it is a criminal offense to permit or allow a person who is not duly licensed to operate a motor vehicle.

AS took the citation but never requested a Clerk-Magistrate Hearing. (Had she requested a hearing the case most likely would have been resolved without a criminal complaint issuing against her.) In any event, a summons was issued for AS to appear in Gloucester District Court for an arraignment on August 20, 2021. AS’s parents contacted Attorney Robert Lewin from Andover and retained him

Attorney Lewin immediately obtained the police report and then contacted the DA’s Office. AS was working as a deli clerk at a supermarket and she was enrolled in college and she had no criminal record. It was important for AS to try to keep her record clean. A criminal record gets created when a person is arraigned on a criminal charge. Attorney Lewin pointed out all these factors to the Assistant District Attorney and advocated for the DA to agree to a dismissal of the case prior to arraignment. A Judge cannot order  a case dismissed prior to arraignment if the DA does not agree to it. As a result of Attorney Lewin’s advocacy, the DA agreed to dismiss the case prior to arraignment.

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On April 5, 2019 ML was working as a bar tender at a hall in Haverhill. There was a mercy meal function and she had been called in to work the function. ML was a 49 year old single mother of two children.  During the course of the evening ML had occasion to go out to a storage hallway behind the bar to pick up an additional bottle of liquor for the bar. While in the back hallway a woman came out of the ladies room (which was located off the hallway) and handed a pocket book to ML. The lady told ML that she found the pocketbook in the ladies room. ML quickly glanced inside the pocketbook and then walked back into the area behind the bar and placed the pocketbook on a shelf under the bar next to her own pocketbook. All the above was captured on a security video in the hallway and behind the bar. At a later point in the evening ML can be seen (on the security video) bending down under the bar in the area where she had placed her own pocketbook and the pocketbook that had been handed to her. Later in the evening a woman at the mercy meal can be seen running around the hall and finally approaching the bar. The woman tells ML that she cannot find her pocketbook. ML is seen immediately getting the pocketbook and handing it to the woman. The lady looks inside the pocket book and yells that her $500 in cash for her rent was missing from the pocket book. The woman dials 911 and the police respond. The police speak to ML who denies stealing anything from the pocketbook.

The next day the police review all the security videos from the bar and charge ML with Larceny (stealing) of the $500 allegedly taken from the pocketbook.

ML then meets with and retains Attorney Robert Lewin from Andover. ML and Attorney Lewin go to Haverhill District Court. ML – from day one – insisted to Attorney Lewin that ML was innocent. The case went through an arraignment, a pre-trial hearing, several discovery compliance dates (so that Attorney Lewin could get all the security videos), and ultimately was set down for a trial by jury on March 31, 2020. Then the covid 19 pandemic struck. It took a year and a half to finally get a new firm date for jury trial. The case was set down for trial on Monday, August 16, 2021. In the weeks leading up to the trial ML and Attorney Lewin prepared for the trial. Attorney Lewin prepared ML to testify in her own defense at the trial. At the same time Attorney Lewin “pestered” the DA’s Office to drop the case. On Friday morning, August 13, 2021, the Judge in Haverhill District Court had scheduled a “trial readiness conference” with the Assistant District Attorney and Attorney Lewin (on the phone). The Assistant District Attorney told the Judge and Attorney Lewin that the District Attorney was filing a “nolle prosequi”. A “nolle prosequi” is a termination of the prosecution of a criminal case by the Commonwealth. It is a dismissal of the case that is filed by the Commonwealth.

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AW and BD met about six months ago and fell in love. AW moved in with BD and life was grand. AW had been in a prior relationship with MA and AW and MA had a son – who is now age 25! AW’s relationship with MA had been on and off over the last 25 years. AW ended his relationship with MA for good about 2 years ago. MA did not take well to the end of the relationship and began a pattern of texting AW and BD. She (MA) had the ability to make her text messages appear as if they were coming from a phone number that was not hers. The text messages became more frequent and more threatening. MA even went so far as to send a text to BD’s employer saying that BD was a terrible employee. BD had a high level job at a major hi tech company and said enough is enough. BD filed for a harassment prevention order in Lawrence District Court and sought out a lawyer to represent her at the hearing. BD met with and hired Attorney Robert Lewin from Andover to prosecute her complaint for protection from harassment against MA. BD and Attorney Lewin spent many hours gathering all the text messages that MA had sent and made copies (42 pages of text messages) in preparation for the hearing. Attorney Lewin met at length with BD and AW and prepared them for testifying at the hearing.

On March 31, 2021 BD and AW and Attorney Lewin appeared at Lawrence District Court for the hearing. MA was also present and she had an attorney with her as well. BD testified as did AW and Attorney Lewin presented in evidence all the text messages and through the text of the messages themselves Attorney Lewin was able to establish that the messages had come from MA. MA herself testified and denied sending the messages. Attorney Lewin had obtained an affidavit that MA had signed in Peabody District Court. Her statements in that Affidavit directly contradicted her testimony in Lawrence District Court. The Judge in Lawrence District Court granted BD’s complaint for an Harassment Protection Order and stated from the bench at the end of the hearing that she found that MA had committed perjury. (That was win#1.)

Having lost in Lawrence District Court, MA went to Peabody District Court immediately after the hearing in Lawrence and filed for an Harassment Prevention Order against BD and for an Abuse Prevention Order against AW. “Hell hath no fury ….” BD and AW were served with notices of the complaints against them and they both  retained Attorney Lewin to defend them against the orders in Peabody District Court.

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MT, is a building and roofing contractor. He is now (April of 2021) age 57.

  • In 1994 he took a $5,350.00 deposit from a customer in Andover, MA but did not do the work. He was charged by the police with Grand Larceny. In 1994 he went to Lawrence District Court, was found guilty, and was ordered to pay restitution in the amount of $5,350.00. He failed to make the payment and a default warrant issued for his arrest.
  • In 2015 he took a $4,000.00 deposit from a couple in Chelmsford, MA but did not do the work. The police charged him with Grand Larceny and a straight warrant for his arrest was issued by Lowell District Court. (A straight warrant simply means the court did not summons him; rather than a summons the court issued a “straight” warrant.)
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On October 8, 2020, RK, a 25 year old software engineer for a communications company from New York City, was travelling from NY to Boston. She had a learner’s permit from NY. The car she was driving had a temporary paper plate that had folded over on itself so that the full plate# was not visible. A State Trooper signaled for her to  pull over on Route 84 and she pulled into a rest area and stopped. She had a male passenger in the car and he had no license. The trooper asked her for her license and she produced her NY State learner’s permit. The Trooper told her and the passenger to exit the vehicle. The Trooper, perhaps suspecting that she was transporting drugs, then completely searched the car including the trunk and the glove compartment – finding nothing. The Trooper said the car would have to be towed and she and her passenger would have to make arrangements to get picked up. The Trooper cited her for Unlicensed Operation (a criminal offense) and for a Number Plate Violation (failure to properly display). RK took the citation and completed the citation and mailed it in to the Dudley District Court to request a Clerk-Magistrate Hearing.

RK has a good job in a good profession and is very upwardly mobile. She absolutely did not want to have any criminal record. RK consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained to RK that getting her NY license would be very helpful to getting the case favorably resolved. RK signed up for her driving test in NY. Her driving test was set for April 1, 2021. Her court hearing on the ticket was set for April 8, 2021,

On April 1, 2021 RK was set to take her driving test; however, due to the covid-19 pandemic the DMV was not giving any road tests and her road test was cancelled.

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On Friday, August 21, 2020 two 18 year old twins got caught shoplifting at Walmart in Tewksbury. The police were called to the store and the twins were arrested. They were bailed from the Tewksbury Police station and told to appear in Lowell District Court on Monday, August 24, 2020. Over that weekend the twins met with and retained Attorney Robert Lewin from Andover. Attorney Lewin explained that the twins would qualify for the Middlesex County District Attorney’s Young Adult diversion program. The program essentially allows young adults to avoid prosecution for certain criminal offenses.

Over that weekend Attorney Lewin prepared a Motion to Divert the cases out of the criminal court system. On Monday, August 24, 2020 the twins and Attorney Lewin appeared in Lowell District Court. At Attorney Lewin’s request neither girl was arraigned. This is important because it is the taking place of the arraignment that creates a criminal record. Instead the cases were referred to the diversion program and the cases were continued to October 8, 2020 to see if the Diversion Program would accept the twins.  On October 8, 2020 everyone appeared virtually (the twins had gone off to college and were away from Lowell) and the Assistant District Attorney and Attorney Lewin reported to the Judge that the twins had been accepted into the Diversion Program. On October 8, 2020 the arraignment again did not take place and the cases were continued until April 5, 2021 to allow the twins to complete the diversion program.

The twins successfully completed the diversion program. On April 5, 2021 the twins and Attorney Lewin appeared virtually one last time before the Court. The Assistant District Attorney and Attorney Lewin reported to the Judge that both young women had successfully completed the Diversion Program. The Judge then ordered both cases DISMISSED, prior to arraignment. Attorney Lewin explained to the two young women that because the cases were dismissed prior to any arraignment taking place the following took place:

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In July of 2019, SM, a 23 year old woman was pulled over by the Wakefield Police. The police had done a random scan/query of the registration plate on her car and it came back as revoked due to insurance cancellation. When the police asked for her license it turns out that her right to operate in Massachusetts had been suspended due to an unpaid speeding ticket.  She was charged with operating an uninsured motor vehicle, operating a vehicle with a revoked registration, and operating after suspension of her right to drive. The Malden Court issued a summons for her to come to court but she claimed never to have received it. A warrant for her arrest was issued by the court.

She stopped driving after that and the car sat in her driveway. In 2021 she contacted and retained Attorney Robert Lewin from Andover wishing to clear things up. Attorney Lewin immediately filed his appearance as her lawyer and that gave him access to all the court papers and the police reports which he immediately obtained. Attorney Lewin explained to SM that if she got the car registered and insured and if she got her right to drive reinstated that that would go a long way toward getting the charges resolved very favorably. SM was a good client. She paid off the old speeding ticket and paid a reinstatement fee for her right to operate and her right to operate was reinstated by the Registry. She also got a new insurance policy and got the car reregistered. Attorney Lewin filed a Motion with the Court to cancel the warrant and dismiss the charges.

On April 1, 2021 Attorney Lewin and SM appeared virtually via zoom in Malden Court (which is in Medford!). Attorney Lewin had filed all the papers from the Registry with the Judge and with the DA to show that SM had taken care of all her issues. The Judge then said that she was ordering the warrant cancelled all the charges against SM dismissed prior to arraignment.

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October 3, 2020 was a terrible day for TK, a 26 year old gentleman from Richmond, VA. He was driving from VA to Boston. While driving in CT he was involved in an accident. His car got towed from the scene and he was cited by the police in CT for several motor vehicle violations. He was able to get his vehicle out of the tow yard. The vehicle was drivable so he continued on his way to Boston. He got on Route 84East and was going 105 miles per hour. A state trooper ultimately pulled him over. It turns out his VA license had been suspended. The police gave TK a criminal citation for Unlicensed Operation, No License in Possession, and Speeding.  TK subsequently received a summons to appear for an arraignment in Dudley District Court. TK (with the help of his parents) sought out a lawyer (online) who could help. They found Attorney Robert Lewin from Andover.

After consulting with Attorney Lewin on the phone TK retained Attorney Lewin. Attorney Lewin immediately filed his appearance in Dudley District Court for TK and obtained a copy of the police report. Attorney Lewin reached out to the Assistant District Attorney in Dudley District Court and had a lengthy conversation with the Assistant District Attorney about the case. Attorney Lewin explained to the Assistant DA that TK had been successful in getting his license reinstated in VA and Attorney Lewin furnished a copy of TK’s new license to the Assistant DA.

On March 26, 2021 TK and Attorney Lewin appeared virtually via zoom in Dudley District Court for TK’s arraignment. The Assistant DA told the Judge that the Commonwealth was moving to Dismiss the criminal charge of unlicensed operation and that the Commonwealth was agreeable to findings of NOT responsible on the No license in possession charge and the speeding charge! (105 mph!!). The Judge agreed and ALL the charges were dropped.

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On November 24, 2020, LQ, an 81 year old gentleman from Methuen was pulling out of a bank drive-thru in Haverhill. As he turned onto the street he sideswiped a car that was parked on the street. According to LQ, he pulled over, got out of his car, did not see any damage, got back in his car and drove away. A husband and wife were behind LQ and saw the entire episode and took a picture of his car showing the license plate. The husband and wife called the police. The police responded to the scene and took a statement from the husband and wife in which they said that LQ had not stopped. The police obtained a copy of the photo showing the license plate of LQ’s car, ran the plate, and were able to locate LQ through the Registry of Motor Vehicles computer. The police called LQ on the phone and took a statement from LQ. According to the police report LQ seemed confused about the accident. The police issued LQ a citation for leaving the scene of a property damage accident. In addition the police issued an “immediate threat” notice to the Registry. An immediate threat notice is a notice by the police to the Registry that a driver may pose an immediate threat to the safety of the public if allowed to continue to drive. When the Registry receives the notice from the police the Registry sends out a Notice of Suspension to the driver. That happened to LQ.

LQ took the citation and requested a Clerk-Magistrate Hearing. Several days before the hearing LQ’s daughter contacted Attorney Robert Lewin from Andover. Attorney Lewin explained in detail what the Clerk-Magistrate hearing would entail and he also explained the ramifications of the Immediate Threat notice. Attorney Lewin explained that before the Registry would consider restoring the license to LQ the criminal charge would have to be resolved in Court. LQ retained Attorney Lewin.

Attorney Lewin immediately contacted the Haverhill District Court and obtained a copy of the police report. In addition Attorney Lewin contacted LQ’s Auto Insurance and got written confirmation that LQ had plenty of property damage insurance coverage ($100,000.00) and Attorney Lewin also confirmed that the lady who’s car was struck had not filed a claim for property damage. Attorney Lewin filed those documents with the Court Clerk. On Friday, March 26, 2021 Attorney Lewin and LQ appeared virtually via zoom at Haverhill District Court for the Clerk-Magistrate Hearing. After all the evidence was presented Attorney Lewin requested that the Clerk-Magistrate not issue a criminal complaint against LQ. The Clerk-Magistrate adopted Attorney Lewin’s request and denied the police application for a criminal complaint.

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