Pulled over for speeding on rte 495 in Mass.

[Norton]

What is the name of your state? Massachusetts
Hello,
I was just pulled over getting off rte 495 in Norton, Mass. Speed limit posted is 65mph and I was driving at the same as other drivers around me and it was quite a lot of traffice in rte 495. I had used my blinker moving over lanes and then once getting off the exit. As I proceed to get off the NOrton exit 10, lights flash behind me and state trooper pulled me over. He said I was going 80 in a 65, that I did not use signals at all times. He ended up giving me a ticket. I told him I had used my blinkers and was going at the same rate of speed as other drivers. The ticket showed 75mph in a 65, lane violations, and unsafe moving of lanes. Could anyone please give me some insight or help as to how I can fight this? Again I did use my blinker when switching lanes and there was a truck behind me most of the way and then suddenly I see the officer behind me when getting off my exit.

Thank you for any help you can provide!

Regards,
Norton

 

[seniorjudge]

What is the name of your state? Massachusetts
Hello,
I was just pulled over getting off rte 495 in Norton, Mass. Speed limit posted is 65mph and I was driving at the same as other drivers around me and it was quite a lot of traffice in rte 495. I had used my blinker moving over lanes and then once getting off the exit. As I proceed to get off the NOrton exit 10, lights flash behind me and state trooper pulled me over. He said I was going 80 in a 65, that I did not use signals at all times. He ended up giving me a ticket. I told him I had used my blinkers and was going at the same rate of speed as other drivers. The ticket showed 75mph in a 65, lane violations, and unsafe moving of lanes. Could anyone please give me some insight or help as to how I can fight this? Again I did use my blinker when switching lanes and there was a truck behind me most of the way and then suddenly I see the officer behind me when getting off my exit.

Thank you for any help you can provide!

Regards,
Norton

https://forum.freeadvice.com/showthread.php?t=300112

https://forum.freeadvice.com/showthread.php?p=1857675&posted=1#post1857675



What did you have in mind as a defense?

 

[Norton]

Hello,
I am nervous and not sure. This is my first speeing ticket I have received in all of my 41 yrs.

Thank you for any advice!

 

[seniorjudge]

Norton, I don't have any ideas either.

I have driven on that highway also and, believe me, I am never going back north again!

Ask the prosecutor for a non-moving violation.

As you have posted before here, you seem to have a real problem with speeding.

So beg and plead with the prosecutor.

 

[Norton]

That was my wife that posted previously 2 yrs ago. I am using her account here.

 

[Orcons]

That was my wife that posted previously 2 yrs ago. I am using her account here.

If your wife had a speeding ticket 2 years ago presumably you know the drill. The first hearing is with a clerk. The trooper will not be there (another trooper acting as prosecutor will be) and the ticket will be entered as evidence. You can tell your story but it will be your word against the ticket. If you lose and appeal to a judge the trooper will have to show but again it will then be your word against the troopers. You can try to argue why it couldn't have happened the way the trooper said (e.g., was it rush hour such that you could not have been going that fast?) but ultimately it is going to come down to your word against the trooper's and you can guess who is going to be believed.

You didn't say how your speed was calculated but that might give you a defense. Try to do a search on the specific method used to determine your speed and see what the requirements are for that method. You can do a freedom of information request for the trooper's notes as well as for any calibration or other records that need to be kept on the system used to track your speed.

Your problem is that you were cited for three violations. The trooper probably did that because he knows that the clerk or the judge will offer to drop one or two and you will be left with the rest. You might be able to beat the speeding but I don't know how you prove you used your turn signal and the unsafe lanes one is a judgement call. If one or two get dropped it will save you a small amount on the fines but won't save you on the points since you would not have been hit with points from all the violations anyway.

If you want to pursue this I would go the discovery route and see what that turns up. You should also ask for a hearing as there is no real cost (other than your time) to have a hearing and you can always turn around and pay up if you decide not to go through with the hearing.

Good luck.

 

[Norton]

Hi Orcons,

Thanks for your reply! He had it down as 'clocked', but I use my mirrors and there was a truck behind me at one point and then a Corolla when I moved over to the right lane and yes using my signal. The Corolla then moved over to the middle lane and suddenly the state trooper appeared behind me when I was getting off the exit. So I do not know how he could say I was clocked and plus there were cars passing me. I had my blinker on at all times and when getting off the exit. I noticed the state trooper did not.

Thank again!