Speeding Ticket in MA, entrapment?

[Suzie77]

Hi, I have a NH drivers license. Several months ago I received a speeding ticket in MA, I think it was for 88 (approx) on a 65 mph interstate. The police officer was in his cruiser, hiding down an embankment, WITH NO LIGHTS ON, no interior or exterior lights at all, this happened late at night, when I was exhausted and had to drive several hours home from the airport. I know I was speeding but do not think I was going as fast as he says he clocked me. There were other cars on the road as well that were speeding but I was the unlucky one. I had 2 people/witnesses in my vehicle that can testify to the fact that he was hiding with no lights on. I was stunned and did not ask to see radar, I know I was not thinking! My first question is: Was this a legal stop? Some people have told me that it is entrapment, which I don't think would wash in court, but is it legal for him to hide in the complete dark like that? I decided to try and fight the ticket, I checked the request for court hearing, promptly mailed the summons and have not heard anything back. This is going on 6 months, what should I do? Do nothing? Call NH DMV where I live? Call state of MA where the ticket was issued? I have no ticket # or info., as I mailed it in!? Thanks for your advice!

[Zigner]

Sorry, it's not entrapment - just enforcement.

[Suzie77]

hi Zigner,

thanks for responding, I agree, but what are my probable chances of winning in court? Can he legally hide with no lights? What do you suggest I do now, almost 6 months and nothing from the state of MA?
Thanks

[racer72]

Nothing in your post suggests the officer did anything illegal. Entrapment involves coercing someone to break the law when they had no intention of doing so. Did the officer in some way force you to speed? Of course not. The officer does not have to show you the radar gun either. Your people/witnesses won't help much, they will be considered as a hostile witness and any testimony they provide would be discounted or not allowed. If hiding in the dark with the lights off was illegal, the officer would not have done it, why waste the time writing a ticket that could easily be dismissed. You need something better to hang your hat on or better yet, talk to an attorney familiar with the laws of the state that you were cited. There may be other ways to have the ticket reduced or dismissed other than the rather lame excuses you have tried so far. Good luck.

[sukharev]

I think it's definitely entrapment. While most roads in MA are so bad you can't possibly go above speed limit, here they have it, a beautiful interstate where you can finally step on it and safely go at 90 mph without even noticing it

Now, on serious note, you are probably already found guilty and consequences will follow soon. Call MA RMV to find out if that's the case. Also, call PD that issued a ticket (find which one based on where you got the ticket). Don't just ignore it. FYI, there is no SOL, it's a civil infraction.

[efflandt]

I get a kick out of posts like this (can they stop me if they were hidden with no lights on?). I got stopped in OH once for 77 in a 65 about 5AM just trying to get somewhere to get a couple of hours sleep before a morning appointment. The officer (lights out in the median) said he thought they clocked me at over 80 earlier, but could not catch up with me.

Usually (except in some south eastern states) anything under 20 over is a no brainer, pay the fine and be done with it. But sometimes 20 or more over hits you with a high fine, more points, and/or reckless driving besides. So in the future, try not to be the rabbit in the left lane (or lone driver) doing more than 20 over. In daylight it also helps to NOT have a flashy car. When I used to use a radar detector, an oncoming officer did not trip his radar for my generic looking 95 Maxima, but started blazing it for the Camaro behind me.

[sukharev]

I get a kick out of posts like this (can they stop me if they were hidden with no lights on?). I got stopped in OH once for 77 in a 65 about 5AM just trying to get somewhere to get a couple of hours sleep before a morning appointment. The officer (lights out in the median) said he thought they clocked me at over 80 earlier, but could not catch up with me.

Usually (except in some south eastern states) anything under 20 over is a no brainer, pay the fine and be done with it. But sometimes 20 or more over hits you with a high fine, more points, and/or reckless driving besides. So in the future, try not to be the rabbit in the left lane (or lone driver) doing more than 20 over. In daylight it also helps to NOT have a flashy car. When I used to use a radar detector, an oncoming officer did not trip his radar for my generic looking 95 Maxima, but started blazing it for the Camaro behind me.

It's a no brainer, you have no brain! Sure, you can go ahead and pay YOUR fines, just don't try to be a wise ass and advise others to do the same. It's their money, not yours. FYI, in many states, ANY speeding charge generates a hike of ~$3000 in insurance premiums over 6 years.

[Heather2]

FYI, in many states, ANY speeding charge generates a hike of ~$3000 in insurance premiums over 6 years.

How do you figure that? When I got my first speeding ticket (7 years ago) my premiums sure as hell didn't go up $3000 in 6 years. And I just got another speeding ticket and my premium went down. Some times insurance rates just go up, some times they go down. You can't say that speeding tickets cause this. Where do you get your information because after reading your other posts it seems to always be incorrect?

[sukharev]

How do you figure that? When I got my first speeding ticket (7 years ago) my premiums sure as hell didn't go up $3000 in 6 years. And I just got another speeding ticket and my premium went down. Some times insurance rates just go up, some times they go down. You can't say that speeding tickets cause this. Where do you get your information because after reading your other posts it seems to always be incorrect?

Maybe texans do have it easy...

I speak from personal experience, confirmed by others on this forum. Insurance hikes for a single speeding ticket are imminent in PA (~$500/year or more for teenage drivers), come next year in MA (cost 2 SDIP points each, ~14% increase in premium or $280/year not to mention loss of discounts and incident-free year), and cause similar problems in many other states. In addition, you may be dropped by your insurance and have to get a much more expensive one ASAP.

FYI, my information may not ALWAYS be correct, I learn some details as I go, that's what is great about this site. Just because several posters seem to always want to discredit other people's opinions does not make them wrong either, you just have to use your common sence and recognize valid arguments and ignore idiotic remarks. Regardless, one thing is certain: when it comes to traffic law, what is correct in one state/city/court may very well be wrong in another one. So, anybody's experience in this area is not perfect or always useful.