HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-04-2005, 03:09 PM
Junior Member
 
Join Date: May 2005
Posts: 2
Question

Need help on a mailed ticket in MA


My father was recently mailed a ticket from the town of Reading, MA, however I was the driver of the vehicle at the time. I also want to contest the ticket, but am looking for advice on how to approach the situation.

I was leaving work and turned right on a green light onto a main 2-lane road (rt28 for those familiar). I pulled into the right lane of the road, and then stopped at a red light. A town officer was stopped in the left lane. When the light turned green, he accelerated ahead of me. There were cars in the right hand lane ahead of me, and another town officer parked on the side of the road. The car in front of me was slowing down and signaling to turn right. The first officer was ahead of the car turning right, and there was a safe space for me to switch into the left lane. I then signaled and moved into the left lane. At this point, the first officer switched to the right lane, but continued to accelerate up ahead of me. The next traffic light was red, so he stopped in the right lane and I eventually pulled next to him in the left lane. When the light turned green, he again went ahead of me, but then signaled to turn right at the next intersection. He did turn right and I ended up passing by him in the left lane while he was turning. I continued driving as the same safe speed in the same lane and the town line then ended.

So needless to say, I was very shocked when the ticket in the mail stated that an officer (I don't know which, or if there was a third unmarked car) followed me from rt28 square to the town line and sited me $100 for "Marked Lanes", $100 for "Improper Passing", $20 "Following too close", and $250 for 65+ in a 40 zone (checked clocked and estimated).

The time of day was 5:22pm, and in that area at that time, it is impossible to drive on that stretch of road going 65mph with all the cars and congestion. Furthermore, if I was driving as "irrational" as the ticket indicates, why would the officer not pull me over and stop me rather then letting me continue driving? The car is a dark blue Audi A4, which is similar to other other cars, perhaps he mistook my car for another? I am not sure and have no clue what the basis for all those offenses are. Does it make a difference that my father was issued the ticket when I was driving? Does he have to go to the hearing as well? Can it be changed to be in my name?

If anyone can offer any advice on how to handle the situation, it would be greatly appreciated.

Regards,
Sean
Reply With Quote
  #2  
Old 05-04-2005, 04:15 PM
Senior Member
 
Join Date: Apr 2005
Posts: 1,123
Contact the officer who issued the citations, and tell him you were the person driving at the time. He should be willing to void the tickets issued, and reissue them to you. That way, Dad doesn't have to be involved.

I don't see any indication that you were "irrational", please clarify what you mean.

When you contact the officer, maybe he can shed some light on why he wrote the tickets. He may tell you to go to court, so you don't start an argument on the phone. Can't hurt to ask.
Reply With Quote
  #3  
Old 05-04-2005, 04:57 PM
Junior Member
 
Join Date: May 2005
Posts: 2
Thanks for the reply.

I have already contacted the town police office about my father, but no one there seemed to know if it could be changed or if he had to appear in the hearing as well. They gave me the contact information of their prosecuting officer, who I need to call tomorrow morning. So I'm hoping that part at least will be straightened out.

I'm hesitant in asking anyone there (or the officer himself) about the specifics of the ticket before the hearing since I'm a little fearful it might somehow incriminate me. Any advice on that? Any known precedence on people being mailed tickets for events they don't believe even came close to transpiring?

I agree that I don't feel I did anything "irrational". When stating that, I meant more of the list of offenses on the ticket imply that of an irrational or reckless driver. But since the officer issued the ticket, one would think if he did in fact see a reckless driver doing those activies, he would stop that car immediately, whould he not? Instead, in my case, the officer continued along the road and later mailed me a ticket. Is there any logic to that arguement for improperly being issued the ticket? (If it wasn't too confusing to follow!)

Thanks again.
Reply With Quote
  #4  
Old 05-07-2005, 10:55 AM
Junior Member
 
Join Date: May 2005
Posts: 3
I was mailed a ticket once for careless driving. I live in New Jersey and I was "carelessly" driving. I remember the officer who viewed my driving had pulled up right behind me, and then backed off and turned around. It was a construction zone, and he was "regulating" traffic (even though he was in his vehicle....I guess he was watching for any speeding or running red lights). Afterwards I found out that an officer doesn't have to pull you over if there is another duty he is performing (i.e. traffic safety in a construction zone).
I also read a book "how to beat the cops" and it said if a ticket is mailed to you and it is not stamped from the post office, then it can't be traced or verified as "mailed" to your house. This would mean you can ignore the ticket and chances are nothing will happen....but in the book they were referring to those devices that tell you your speed on the road and if you speed they take your picture and mail you a ticket, the book was NOT referring to an officer mailing you a ticket. But if another ticket was mailed to me, and not stamped from U.S. Postal Service, I'm gonna ignore it and see if there is any follow up. There's no proof you actually Received the mail or not if it's not stamped through the postal service. If I'm wrong on this please feel free to correct me...I wouldn't want to get in any big trouble over something like this in the future.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 12:00 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.