$440 Speeding Ticket

[master34]

What is the name of your state? Massachusetts

I received a $440 speeding ticket for going 99 in a 65 zone (it was 495 northbound)
This is my first ticket and when he pulled me over I pulled over to the left side of the road because i was in the left lane. He added $100 to my $340 speeding fine. He didn't ask for my registration, didn't have me sign the ticket, put down that the ticket was at 7:45 pm when it was actually 7:45 am. There were no cars on the road and it was a clear day no rain or snow. Just found out today that I wont get a hearing until march(NO DATE SET HAD TO CALL THEM TO MAKE SURE MY TICKET WASN'T LOST) even though i got the ticket Dec. 30 and sent my request in the first week of January. State trooper put down clocked and estimated

Is there anything that I can do to beat the ticket. (speedy trial law?) I'm a college student and i dont even have $300.

 

[seniorjudge]

Speedy trial law does not apply to speeding tickets.

Nothing you set forth in your post is a defense.

 

[xylene]

Why did you pull off to the left?

I mean, you say the road was perfectly clear.

 

[master34]

I had never been pulled over before and honestly I never knew i had to pull over to the right side.

 

[xylene]

I had never been pulled over before and honestly I never knew i had to pull over to the right side.

You should review your state drivers manual. This is basic drivers 101.

Consider taking refresher drivers training, and see if it can aid in your penalties being reduced.

 

[master34]

What would be my best defense for getting the ticket dismissed? the calibration defense? Shouldn't there be a law that requires a hearing be held within a certain amount of time. I know the New York supreme court ruled that civil trials for speeding tickets are not exempt from your right to a speedy trial

 

[xylene]

What would be my best defense for getting the ticket dismissed? the calibration defense? Shouldn't there be a law that requires a hearing be held within a certain amount of time. I know the New York supreme court ruled that civil trials for speeding tickets are not exempt from your right to a speedy trial

The best bet would be to get a traffic lawyer who can try to reduce the penalties and their long term costs.

Borrow the money for the lawyer and the fine.

Know the rules of the road.

NYS is not relevant.

 

[Silverplum]

What would be my best defense for getting the ticket dismissed? the calibration defense? Shouldn't there be a law that requires a hearing be held within a certain amount of time. I know the New York supreme court ruled that civil trials for speeding tickets are not exempt from your right to a speedy trial

Shouldn't drivers stick to the speed limit??
Shouldn't grownups take responsibility for their choices and therefore consequences for their actions?

 

[The Occultist]

Courts are usually pretty friendly when it comes to setting up payment plans, so you may not have to pay the entire fine up front.

 

[Orcons]

What would be my best defense for getting the ticket dismissed? the calibration defense? Shouldn't there be a law that requires a hearing be held within a certain amount of time. I know the New York supreme court ruled that civil trials for speeding tickets are not exempt from your right to a speedy trial

I assume the ticket was for a civil infraction. If it was criminal, get a lawyer, like yesterday.

If it was civil, your first hearing will be before a clerk magistrate and the trooper won't be there. There will be a trooper there acting as prosecutor, you and the clerk. There is no speedy trial law that I know of in MA. Your best shot is to beat it at that level. If they find you responsible at that point you can request a trial before a judge but you are less likely to be successful at trial. The trooper has to show at the trial and if the trooper doesn't show up the ticket will be dismissed (but don't count on the trooper not being there).

Your biggest risk is the hit to your insurance. 99 in a 65 sounds like a major moving violation to me which is serious. You are looking at an increase to your insurance for a number of years that ultimately will dwarf the amount of the fine. You should google MASS SDIP (that is the insurance program that assigns points and calculates surcharges.) There is a schedule that tells you what is a major violation vs minor, what the % hit will be to the different parts of your insurance and for how long, etc.

I would do the following: first, send a Freedom of Information request under MGL Chapter 66: Section 10. You should ask for copies of the trooper's copy of the ticket, any notes the trooper took, calibration records (it is was radar) etc. Google speeding ticket defenses in MA and I am sure you will find people who will tell you what you should ask for. They have 10 days to get you the info you request. When you get all that you will be able to see if you have a defense (I am assuming you weren't speeding, right?) and you can decide if you have any chance going it alone or if you should hire a lawyer. My guess is that you will be much better off with a lawyer but you have to make that decision.

 

[Ozark_Sophist]

Shouldn't drivers stick to the speed limit??
Shouldn't grownups take responsibility for their choices and therefore consequences for their actions?

Here, here.