Procedural Due Process Violation

[davelja1]

What is the name of your state (only U.S. law)? Massachusetts

I was stopped for speeding. The evidence is in conflict as to whether or not it is a legally posted zone. I had a hearing on 10/22. Instead of issuing a decision at the close of the hearing as required and specified under the law, and for the loser to immediately appeal, the magistrate said, Let me think about this and get back to you. 4 days later, I was found not responsible. 4 days after that, the cop appealed.

I'm arguing to the court that this is a procedural due process violation and the case can proceed no further. 1) The decision was to be made on 10/22 the hearing date, not 10/26, four days later. There is no provision in the law for this. 2) A decision to appeal can't be made 8 days after the hearing or 4 days after the decision. There is no provision in the law for this either. 3) the clock can't be rewound to go for a legal mulligan either.

The law is specific, and the magistrate didn't follow it. Ergo, the case has to be dismissed.

Any thoughts?What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? Massachusetts

I was stopped for speeding. The evidence is in conflict as to whether or not it is a legally posted zone. I had a hearing on 10/22. Instead of issuing a decision at the close of the hearing as required and specified under the law, and for the loser to immediately appeal, the magistrate said, Let me think about this and get back to you. 4 days later, I was found not responsible. 4 days after that, the cop appealed.

I'm arguing to the court that this is a procedural due process violation and the case can proceed no further. 1) The decision was to be made on 10/22 the hearing date, not 10/26, four days later. There is no provision in the law for this. 2) A decision to appeal can't be made 8 days after the hearing or 4 days after the decision. There is no provision in the law for this either. 3) the clock can't be rewound to go for a legal mulligan either.

The law is specific, and the magistrate didn't follow it. Ergo, the case has to be dismissed.

Any thoughts?What is the name of your state (only U.S. law)?

Thoughts?

Yeah - just

 

[I_Got_Banned]

Any thoughts?

While I am not familiar with the MA statutory requirements as far as when a sentence must be pronounced, or what constitutes a timely appeal, I do have a couple of thoughts, since you asked....

My first question to you is this: when the judge indicated that he needed more time to render a decision, did you make an objection on the record and did you cite whatever statute you think forbids him from doing so or did you simply pack your bag and walk out of court? You say "the law is specific" and yet you have not cited here but more importantly, you probably failed to do so in court!!!

As for point # 2, if you're suggesting that a decision by the judge cannot be appealed 8 days after the hearing and four days after the decision, then when can it be made? Meaning "what is MA's requirement for a timely appeal?" I really highly doubt that an appeal MUST be IMMEDIATELY filed!