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Can I be charged a fee to request my rightful hearing?

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greengryphon

Junior Member
What is the name of your state (only U.S. law)? Massacusetts

If you get a traffic ticket, you can just pay the fine or request a hearing. Massachusetts requires you to pay a $25 "court filing fee" to schedule the hearing. A citizen has the RIGHT to a hearing. It's even written as such on the ticket. Even if found not responsible, you're still out $25. Any ticket is guaranteed money for the state, guilty or not. That seems unconstitutionally wrong. By what authority can they charge a fee to exercise rights?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Massacusetts

If you get a traffic ticket, you can just pay the fine or request a hearing. Massachusetts requires you to pay a $25 "court filing fee" to schedule the hearing. A citizen has the RIGHT to a hearing. It's even written as such on the ticket. Even if found not responsible, you're still out $25. Any ticket is guaranteed money for the state, guilty or not. That seems unconstitutionally wrong. By what authority can they charge a fee to exercise rights?
The underlined is not true. If you prevail on all of the charges on the ticket, your $25 will be refunded. https://www.mass.gov/how-to/appeal-your-traffic-ticket

I am curious, did you actually receive a ticket, or are you simply bothered by the requirement?
 

greengryphon

Junior Member
The underlined is not true. If you prevail on all of the charges on the ticket, your $25 will be refunded. https://www.mass.gov/how-to/appeal-your-traffic-ticket

I am curious, did you actually receive a ticket, or are you simply bothered by the requirement?
Yes, I did get the ticket. Nowhere on the ticket does it state anything about a refund.

Thanks for the link. Apparently the fee policy was changed just a few months ago.

If I ever find the guy who sued the registrar, I'm gonna buy him lunch.

Also, tickets in MA are no longer hand written by the officer from a pad of citations. They are computer generated on a full size sheet of paper. There's no reason not to have all the relevant details in print.

thanks
 

HighwayMan

Super Secret Senior Member
Y
Also, tickets in MA are no longer hand written by the officer from a pad of citations. They are computer generated on a full size sheet of paper. There's no reason not to have all the relevant details in print.

The traffic ticket is a charging instrument - there is no reason for it to contain a complete listing of court rules and procedures as they relate to said traffic ticket.
 

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