City Cops and Borders of Towns

[Ma_playa]

What is the name of your state (only U.S. law)? MA

OK here is my question. Can a city cop say from East Boston, MA Lidar you while you are technically it Revere, MA and stop you right at the switchover from Revere to East Boston Limits?

Reason I ask my ticket I got for 40 in a 30 was in Revere yet a cop from East Boston was using Lidar at oncoming traffic from East Boston line. There is a posted speed limit on the Revere line about one mile before I got pulled over but none on the East Boston side for another mile or so! Am I just pulling at straws here or do I have a reason to not want to pay this ticket? Yeah I was going 40 in a 30 but no officer discretion seems to be given although his discretion could have been 5mph!!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[I_Got_Banned]

OK here is my question. Can a city cop say from East Boston, MA Lidar you while you are technically it Revere, MA and stop you right at the switchover from Revere to East Boston Limits?

Law enforcement agencies usually have mutual agreements which allow officers from one jurisdiction into a neighboring one for traffic enforcement.

Reason I ask my ticket I got for 40 in a 30 was in Revere yet a cop from East Boston was using Lidar at oncoming traffic from East Boston line.

Sounds to me like he was in Revere, yet he clocked you as you were in the East Boston city limits... Even if that's innacurate, nothing wrong with citing youwhere he did.

There is a posted speed limit on the Revere line about one mile before I got pulled over but none on the East Boston side for another mile or so!

There are specific guidelines as to where and how often speed limit signs must be posted. Usually the MA vehicle code will dictate those rules but it could also be a municipal code that was followed.

do I have a reason to not want to pay this ticket?

You have to decide that. Although considering the fact that not paying it will result in a license suspension, possibly even an arrest warrant, I wouldn't consider "not paying it"... But the choice is yours.

Yeah I was going 40 in a 30 but no officer discretion seems to be given

And that is why it is called discretion!!! Does the penalty differ by much between 5mph over and 10mph over?

 

[Ma_playa]

And that is why it is called discretion!!! Does the penalty differ by much between 5mph over and 10mph over?

Nope still the same amount up to 10mph over the speed limit. I am taking the route of going to my magistrate hearing where I will be found guilty and then I will pay my big 20 to have it heard in front of a judge where I shall hope the officer doesn't attend.

The officer though was in East Boston limits while I was still driving on the Revere side of the road. Once I got up to him he had me tagged with the lidar. Only thing I can hope for is that the lidar doesn't have a inclement weather setting since it was raining when I was stopped and he was a motorcycle man and the fact that I have a pretty decent record except for my one little ticket back in 2002 that I successfully appealed.

 

[I_Got_Banned]

Only thing I can hope for is that the lidar doesn't have a inclement weather setting

I wasn't aware of such a setting...

... except for my one little ticket back in 2002 that I successfully appealed.

If by successfully apealed you mean you were found "not guilty" then chances are it was not on your record.

 

[Orcons]

You didn't say whether it was a state trooper or BPD that got you. If it was a State Trooper the town limits mean nothing.

Assuming it was BPD, in Eastie, and you were in Revere when he tagged you, no he can not give you a ticket for that as you were not speeding in his jurisdiction. He should have specified on the ticket where the violation occurred. Did he give an address in Revere or one in Eastie? If he happened to give one in Revere (doubtful) you have an argument.

Your problem of course is that he will say you were speeding in his jurisdiction and all you can do is deny it. Make a request for copies of both sides of his copy of the ticket and see if that tells you anything. You should also pursue any issues with the system he used to tag you (training, calibration, etc.)

As someone else implied, the MUTCD applies for the signage requirements. You can pursue that but even if there should have been a sign on the Boston side of the line your problem will be that the basic speed law will apply and I doubt there is anywhere on the Revere-Boston line that is not congested enough to warrant at most a 30.

Good luck.

 

[Ma_playa]

You didn't say whether it was a state trooper or BPD that got you. If it was a State Trooper the town limits mean nothing.

Assuming it was BPD, in Eastie, and you were in Revere when he tagged you, no he can not give you a ticket for that as you were not speeding in his jurisdiction. He should have specified on the ticket where the violation occurred. Did he give an address in Revere or one in Eastie? If he happened to give one in Revere (doubtful) you have an argument.

Your problem of course is that he will say you were speeding in his jurisdiction and all you can do is deny it. Make a request for copies of both sides of his copy of the ticket and see if that tells you anything. You should also pursue any issues with the system he used to tag you (training, calibration, etc.)

As someone else implied, the MUTCD applies for the signage requirements. You can pursue that but even if there should have been a sign on the Boston side of the line your problem will be that the basic speed law will apply and I doubt there is anywhere on the Revere-Boston line that is not congested enough to warrant at most a 30.

Good luck.

The address on the ticket is 1200 Bennington St. which is right where the East Boston line begins. Since he was running Lidar he would have have to be in Revere territory as he stopped me right at the East Boston Line. I doubt the back of the ticket says anything of use because I didn't say one word to him. Except that I could not give him my registration because my glove box handle was broken and I couldn't open it up which he gave me a warning for.

 

[I_Got_Banned]

I doubt the back of the ticket says anything of use because I didn't say one word to him. Except that I could not give him my registration because my glove box handle was broken and I couldn't open it up which he gave me a warning for.

The officer's notes (on the back of the citation) COULD reveal more than just a conversation that you may have had with him. It is typical that they will make a note of their location at the time of the offense, your location, a description of your actions that led to the violation... Some of that information might come in handy if in fact the officer was out of his jurisdiction, or if he was in a location the prevented him from properly and accurately gauging your speed

 

[Ma_playa]

The officer's notes (on the back of the citation) COULD reveal more than just a conversation that you may have had with him. It is typical that they will make a note of their location at the time of the offense, your location, a description of your actions that led to the violation... Some of that information might come in handy if in fact the officer was out of his jurisdiction, or if he was in a location the prevented him from properly and accurately gauging your speed

So do I just follow the FOIA and send a request to the East Boston PD requesting a copy of the ticket front and back along with any other lidar related material and tell them I will pay if needed? Just follow the NMA for MA way to get the information?

 

[Orcons]

So do I just follow the FOIA and send a request to the East Boston PD requesting a copy of the ticket front and back along with any other lidar related material and tell them I will pay if needed? Just follow the NMA for MA way to get the information?

Yes. You just want to check where to send the request. There is no such thing as the "East Boston PD", they are all Boston cops. You probably want to send the request to the district station in East Boston but you may need to send it to the central headquarters - I don't know which.