MA ticket: can I fight this?

[JustAnotherJoe]

This happened in Watertown, MA. I just got a speeding ticket last night on my way home from a friend's place at night (there were no other cars on the road, and I was driving on one of the main streets). The ticket is for 40 in 30 mph, so it's only $100, but what scares me more is the insurance premiums. I currently have the Excellent Driver Plus discount with GEICO, which will probably go away after they find out about the ticket, as well as any other premiums they decide to add. The officer asked me the typical questions (do you know why I stopped you, how fast you were going, etc.), and I stupidly admitted that I was speeding, and mentioned that I thought I was going 40. He replied that I was actually going faster, and on the ticket he mentioned 40+ with 47 in parentheses (giving me the 40 mph fine instead of the 47 one).

Now, I've had another speeding ticket in MA a long time ago, but that was with my NY license, and NY doesn't count MA tickets, and it didn't transfer to my MA license, apparently, so it looks like I have a clean driving record. I want to avoid the points, but I have no good argument to appeal the ticket, I wasn't paying attention to my speed carefully enough (and the police car was parked). Furthermore, I'm afraid that if I do try to appeal it, the magistrate might decide to change the fine to the 47 mph since that number is also on the ticket in parentheses (or are they not allowed to do that?). I was considering contesting the ticket, then showing up and admitting my fault, but asking for points not to get counted since this was the first offense, I'm not sure if the magistrate can/will do that in MA. What is the best option for me?

Also, here are a few things unique to MA tickets:
You get the same number of points whether it's a 5mph over or 30, only the fine amount differs
The officer does not need to show up in court, so it's not an automatic win if he doesn't

 

[davew128]

I was considering contesting the ticket, then showing up and admitting my fault, but asking for points not to get counted since this was the first offense, I'm not sure if the magistrate can/will do that in MA. What is the best option for me?

The magistrate has no control over the points. Personally I would just suck it up. I know of no magistrate in any Mass court who will just dismiss a speeding ticket without a VALID defense (such as driving your wife to the hospital on Rte 2 at midnight and the media is clamoring all over you). Unless nobody from Watertown PD shows (don't bet on it), its not getting dismissed.

 

[wrongsometimes]

Only you can know what is best for you. I have no idea what you capabilities are -- admitting to the offense is a touch hurdle to overcome at trial but not impossible.

 

[davew128]

admitting to the offense is a touch hurdle to overcome at trial but not impossible.

wrong sometimes wrong again. Traffic violations are civil matters in Mass, with hearings before a magistrate if the ticket is appealed.