Massachusetts traffic citations

[toddbeast]

I received a citation for "failure to keep right" in 2003. I remember the incident; I was driving in the left lane on a two-lane highway on a rainy night. I was going the speed limit; drivers in the right lane, which had heavy traffic, were going significantly below the limit. The officer who pulled me over first drove very close to my bumper and put his high beams on. I disregarded him, not knowing it was a police car in the dark. Then, he put his flashers on, and I pulled over. the officer was screaming in my face, saying he was trying to get a speeder but he'd "get me instead". I tried to explain I didn't know he was a police officer until the flashers were on, but he was livid. The fine was $100, and I sent in an appeal. I heard nothing more about it, until today (27 October 2009). The court date notice says there is now a $25 fee to even appeal citations. This fee was not in existence when I originally received the citation. Is this legitimate? I'm confident it will be dismissed due to the circumstances and the length of time which passed, but will I still have to pay extra fees just for showing up?

 

[I_Got_Banned]

The fine was $100, and I sent in an appeal. I heard nothing more about it, until today (27 October 2009).

Can you show the court proof that you sent in an appeal? Something like a return receipt for the post office, a receipt from the court... anything that will prove that it was received by them or even mailed to them for that matter?

I'm confident it will be dismissed due to the circumstances and the length of time which passed

I hate to shatter your confidence but if the citation was filed properly and in a timely manner, then the amount of time that has passed since it was filed does not mean that it will be dismissed.

but will I still have to pay extra fees just for showing up?

If your first appeal was never received by the court, and since you will be appealing it now (while this new fee is in effect), then yes, you will have to pay the extra fees if you're appealing.

 

[toddbeast]

The letter I received today states, "The hearing you requested has been scheduled on 11/19/09". I take this to mean they got my request, but simply chose never to act on it until now. If they had never received my request, or if I was given a date and failed to show up, I would have been immediately hit with a bill for the full sum of the citation years ago. I only sent in the one request for a hearing, which they must have received and acknowledged 6 years ago. Why it sat all this time is a mystery. The date of the citation is 03/08/03. Isn't there some statute of limitations on such a minor infraction?

 

[I_Got_Banned]

The letter I received today states, "The hearing you requested has been scheduled on 11/19/09".

One minor detail that you left out... It changes the whole story then...

Isn't there some statute of limitations on such a minor infraction?

The statute of limitations applies to the time period between the commission of the infraction and the time it is filed in court. Check with the court to see when the citation was filed and whether that meet the statutory requirement for your state.