Unlicensed Operation Charge DISMISSED at Clerk-Magistrate Hearing

AU, a 24 year old architect, moved from Wisconsin to North Reading, MA in early 2021. On December 10, 2021, AU was involved in an accident in Peabody. The police responded to the scene and AU produced his Wisconsin license. When the police asked how long he had been living in MA, AU responded that he had been in MA since the beginning of the year. The police cited AU for unlicensed operation. AU’s work involves certain security clearances and he could not afford to have a criminal record.

AU consulted with and retained Attorney Robert Lewin from Andover. AU immediately went to the Registry (RMV) and got a MA license. AU also immediately requested a Clerk-Magistrate hearing.

Attorney Lewin went over to the Peabody District Courthouse and met personally with the Peabody Police Prosecutor. Attorney Lewin showed the prosecutor that AU had obtained a MA license.

On May 10, 2022, AU and Attorney Lewin appeared at Peabody District Court  for thew Clerk-magistrate hearing. Attorney Lewin explained to the Clerk-Magistrate that AU had immediately gone to the RMV and obtained a MA license. With the agreement of the Policed the Clerk-Magistrate ordered that no criminal complaint would be issued against AU.

Attorney Lewin explained to AU what this really meant:

  • NO criminal complaint was issued against AU
  • AU did NOT have to return to court and go before a Judge.
  • AU was NOT charged with any criminal offense.
  • NO criminal record would be created as a result.
  • NO entry would be made in the Massachusetts Criminal Offender Record Information (CORI) system under AU’s name.

Getting the case well prepared ahead of time led to the very best possible result. For AU this was an important win.


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