Speeding Ticket - MA

[doc53]

What is the name of your state? Massachusetts

Is there any way to fight a speeding ticket? I was given one for going 47 in 30 mph zone. I don't know what I was going, I was just going with the traffic flow. It's not a town I'm that familiar with, and honestly didn't even notice a posted sign, although ticket says there is one. Ticket is for $170.00!! I have not had a speeding ticket in probably 20+ years. Ticket says speed is posted, radar, estimated.

Is there any way out of this? Not only can I not afford it (really), but I drive for a living, and it may affect my job.

 

[Sabor]

maybe

Okay. I am not familiar with the laws of MA but i could look them up if neccesary. Here is my suggestions.

1. Were you driving in low level traffic? what time was it?
2. Is traffic school an option? this way u do not receive a point on your record for insurance.
3. Does MA have speed trap laws? look them up on dmv handbook/website for MA, if so , Is there a speed survey conducted for the street you were cited on? Analyze it for mistakes/enforability/age based on laws of M.
4. Written Declaration. Its a free shot if MA supports trial de novo (new trial if found guilty after sending letter).

 

[sukharev]

Hi,

you are lucky, MA has lots of interesting caveats to speeding tickets that are unique. Let me first say I am not an attorney, but I did win every single case for myself. Every time, in a different way.

Here is the rundown on a previosly posted comment:

1. Were you driving in low level traffic? what time was it?

Sorry, but in MA, this is largely a mute point. Distance on the ticket is a lot more useful.

2. Is traffic school an option? this way u do not receive a point on your record for insurance.

No, that's not an option.

3. Does MA have speed trap laws? look them up on dmv handbook/website for MA, if so , Is there a speed survey conducted for the street you were cited on? Analyze it for mistakes/enforability/age based on laws of M.

No laws like in CA. Speed survey is admittedly not used to establish speed limit. Instead, it all depends on jurisdiction. If it was a city street, they need to have a public record of the decision (in city hall or other place responsible for the road). They rarely do, and you need to have a written statement of that nature to prove it. Then, speed limit is illegal and you can use prima face defense (look it up in MA law - depends on the road type and distance). Again, for city street officer had to track you at the measured speed for 1/8 of a mile. He most likely did not, and the ticket or his own words will be a proof.

4. Written Declaration. Its a free shot if MA supports trial de novo (new trial if found guilty after sending letter).
10-26-2005 09:33 AM

No such thing. Instead, you are likely to have 2 appearances. 1 in magistrate (basic cangaroo court, without a judge), and 1 in real court. I did win the magistrate hearing with above defense. I won the court when officer did not show up.

Hope this is helpful, please fell free to ask for more details.

 

[doc53]

sukharev, I'm not sure how I am "lucky"! I didn't see anything positive in your post.

First of all, it was a town, not a city, if that matters at all. I have no idea how long he tracked me. There was a car in front of me, but it was quite a ways away, and he stepped out in the road after that car went by. In fact, I was following the car and trying to keep up with the traffic. I never saw the posted speed limit sign.

The road itself looks like a four lane road, it's extremely wide, as it leads onto a rotary. I actually thought it was the highway, not a rotary, I was approaching, since I'm not familiar with the area. I went back there the next day to look again, and saw a cop parked in a driveway that leads to an elderly complex, hence the low speed limit in what appears to be, as I said, an area that looks like it would be going onto a highway.

Traffic school is not an option in Mass, even just for insurance purposes?

So what happens at a hearing with a magistrate? I suppose the fact that I haven't had a ticket in 20+ years, if ever (I really can't remember if I ever got one before) won't have an impact?

Thanks

 

[HomeGuru]

What is the name of your state? Massachusetts

Is there any way to fight a speeding ticket? I was given one for going 47 in 30 mph zone. I don't know what I was going, I was just going with the traffic flow. It's not a town I'm that familiar with, and honestly didn't even notice a posted sign, although ticket says there is one. Ticket is for $170.00!! I have not had a speeding ticket in probably 20+ years. Ticket says speed is posted, radar, estimated.

Is there any way out of this? Not only can I not afford it (really), but I drive for a living, and it may affect my job.

**A: there is somethoing amiss in your writings. If you drive for a living, is not part of your job to obey all traffic laws?

 

[sukharev]

prima face

Hi, doc53:

the key to prima face defense is that you have to be observed speeding for a certain distance. It should be written on your ticket, and may be smaller that required by law (MA 90-17 or 18). Check if you were charged with that statute (should say so on the ticket).

The way to invoke the defense is to establish the fact that speed limit was posted illegaly. In order to be legal, there should be a speed survey and/or special regulation for that particular stretch of the road. If neither is available at the admin office for that road (town hall, police department, whatever the authority is) - get that in writing and you win the magistrate hearing. None of the other tricks would probably work (maybe your clean driver record would play a role), it's too high of an offense (above 10 mph) - you would have to go to trial and hope the cop does not show. If he does, there are bags of tricks to use but you have to be tough.

Keep in touch, let me know if you succeed in not locating the documents.

Cheers

 

[CarrieT]

What is the name of your state? Massachusetts

Is there any way to fight a speeding ticket? I was given one for going 47 in 30 mph zone. I don't know what I was going, I was just going with the traffic flow. It's not a town I'm that familiar with, and honestly didn't even notice a posted sign, although ticket says there is one. Ticket is for $170.00!! I have not had a speeding ticket in probably 20+ years. Ticket says speed is posted, radar, estimated.

Is there any way out of this? Not only can I not afford it (really), but I drive for a living, and it may affect my job.

Hi there - I had a similar ticket, altho I live in Oregon. I went to court today, and lost ... but... I learned something. I had read something somewhere when I was researching how to fight my ticket - someone wrote 'argue the evidence'. I didnt understand what that meant UNTIL I went to court. The officer used a laser to clock my speed. I didnt know what questions to ask him to discredit his testimony, but Im positive there was something I should have asked as the judge kept trying to prompt me "you ARE permitted to ask about the device, You ARE permitted to question the officer' etc. I just didnt know what it was I needed to ask. After court when I was thinking about it, I realised that what the judge was trying to get me to do, was question the evidence. The 'evidence' in this case being the laser device. So, for what its worth that is what I would do if I were you. Also from what Ive read, the radar has a margin of error that could cause reasonable doubt. Here is a link on how to fight your ticket:

http://www.trafficticketsecrets.com/speeding-ticket-defense.html

It costs around $30 but I think would be well worth it, as it allegedly tells you how to fight each kind of ticket - Im hoping I wont have a 'next time' (as the 'last time' for me was 30 years ago) but if there is, Im going to buy this program and use it!
I hope you do better than I did
Carrie

 

[doc53]

Alas, I wish I were perfect like you HomeGuru. I'm sure it's EVERYBODY'S responsibility to obey all traffic laws. I was only relating that I drove for a living because of the effect this ticket would have on my job. We all make mistakes, especially when on unfamiliar territory.

 

[HomeGuru]

Hi, doc53:

the key to prima face defense is that you have to be observed speeding for a certain distance.

**A: a prima face defense is only used on Halloween.

 

[HomeGuru]

Alas, I wish I were perfect like you HomeGuru. I'm sure it's EVERYBODY'S responsibility to obey all traffic laws. I was only relating that I drove for a living because of the effect this ticket would have on my job. We all make mistakes, especially when on unfamiliar territory.

**A: Hmmmmm, they don't have speed limit signs where you live?

 

[sukharev]

Are these guys for real?

Sorry, doc53, it's spelled "prima facie" or otherwise known as basic speed rule. MA 90-17 and 90-18 have full description of the law. If posted speed limit is not legal (happens a lot), then basic rule applies. There used to be a good web site listing all illegally posted speed limits in MA - see if you can find it.

Alas, HomeGuru would make a good school teacher in gramma I could not find any useful posts from the guy, though. There seems to be a couple of them on this forum, just insulting and mocking people instead of helping them with legal advice. JETX is like that, too. They probably have no clue they only insult themselves!

 

[doc53]

sukharev,
This is what is checked on the ticket: 90/18; posted, radar, estimated.

He did not have me sign the ticket. It's a cdl license, however, he checked off that it wasn't. This officer was extremely young...early twenties?? Don't know if that will work in my favor or not. Maybe he's not trained that well on the use of radar?

I looked up that website: http://www.motorists.com/ma/s.html
however, this town wasn't listed.

Although financially I will find it difficult to even pay the ticket, I'm more concerned about the long term effects on my insurance and job.

I'm sending in my ticket and requesting a court hearing anyway.

Any other suggestions?

 

[sukharev]

is it a valid speed limit?

Check with the town, 90-18 is for speed limits established by authority: http://www.mass.gov/legis/laws/mgl/90-18.htm

They have to have a signed document that establishes the speed limit for a particular street. If none exists, you are covered by 90-17, in which case you can use prima facie defense. For magistrate that's probably all you can do (they don't take any tricks like radar calibration, officer experience, etc.). No swarn-in testimony either. Some towns do not even require the officer to show up. However, you need to find out if that's what is going to happen, and it may again depend on the town. Every time I have been to magistrate, it would be different, but at least every time you have a real hearing in another few weeks if you loose. Just make sure you don't put all of your cards on the table. Get the officer (if he even shows up) to state how far away were you. If it's below 1/8 of a mile (he probably will read it right from the ticket), drop the bomb and hear the magic words "not responsible".

Another flavor of this approach is time over distance defense. If officer does not have distance on the ticket, then ask him how long did he observe you before he made a call. Multiply this by your alleged speed times 1.47 and get the footage. Once again, simple calculation to get the number below 1/8 mile. Find conversion table on the web and print it out for hearing, so that you don't have to use a calculator.

Disclamer: this defense worked for me, it may not work for you, but worth a shot.

 

[doc53]

Question: Do I sign the ticket before sending it back? I never signed it originally.

 

[sukharev]

Yes

Question: Do I sign the ticket before sending it back? I never signed it originally.

Yes, but it's not really important. make sure you copy front and back after you check "not guilty" box. Also, send it via registered mail or UPS, to make sure you have proof they got it.