Fighting speeding ticket in Massachusetts...

[thatsright]

The details:
-In April, I got my first speeding ticket in my new car
-23 MPH over limit on 93S
-On same ticket, said Improper Lane Violation (8x)
-Exactly one week later, I got another speeding ticket in Boston for which I did not appeal and will pay this week.

I appealed the first ticket. I was over the speed limit and do not contest this point. But there is no way I made improper lane violation EIGHT TIMES!!! Total BS. If I loose this ticket I will pay abut $5,000 in more insurance over the next 7 years. Now I was speeding and know I should 'take it like a man' and just pay the ticket. But I am pissed as I only changed lanes twice and used blinker the whole time for all turns.

I appealed the ticket and have my hearing before magistrate tomorrow morning. There my options are limited. I don't have much to stand on as I was speeding and got ANOTHER speeding ticket literally the next week. So what would you do? Questions:

1-Can the magistrate or presenting officer tell at the hearing about my other ticket I got a week after this one?
2-I'd be insulting everyone's intelligence if I said I wasn't speeding or "it was that other black car next to me" or "It was way too sunny, maybe it wasn't me..." etc, etc. How can I realistically contest the improper lane violation part?
3. I will likely loose the appeal tomorrow and then I'd like to appeal the magistrates decision. This means it will cost me a few hundred bucks for a Lawyer to show up at REAL COURT in a few weeks before a judge. I'd look at it as worth the $$ for legal rep as if I don't fight the ticket then I'll be paying at least $5,000 more in insurance over the next few years. What would you do? I hear/know the longer I can keep this thing going through appeals, etc, my chances improve to remove the ticket etc.

 

[Murloc]

the word of a recidive road "criminal" against the word of a policeman.

 

[qliveur]

Just go to court.

It can't hurt, and, in my experience, it almost always helps, even when you're guilty.

Always go to court. Just do it.

 

[Raizinman]

Pay an attorney about a grand and he will have it reduced to a non-moving violation and it will be off your record and your insurance will not go up. District Attorneys do not like to negotiate with pro'se litigants.

 

[Vette73]

1: Probably not as they usually don;t look in smaller cases like this, just not worth the time.

2: Most lose as they go for the hail mary, i.e. i want to get off all changres. What you want to do is go for the easy route. Plead not guilty but say you do not believe that was your speed, say you thought you were only going 7-9mph over but you disagree with the improper lane change. So go for the reduce route, not the get off 100% free.

3: You can do as much as most lawyers in smaller cases like this. Worse case if you get a asshole judge who gives you the max ask for a trial by jury and also state you do not give up your right to a speedy trial and request the trial start that or the next day. Did this for a friend and the DA agreed to lowwer the charges if he plead guilty so not to have to go through a who deal over a couple tickets.


But yea make the state work for their money.

 

[guyver01]

District Attorneys do not like to negotiate with pro'se litigants.

That's the biggest bunch of crap i've ever read.

Every speeding ticket i've ever gotten, i've negotiated down to non-Moving Violations myself, without ever consulting a lawyer.

 

[qliveur]

You did so by going to court, right?

That's what I did. I've gotten reckless driving knocked down to absolutely nothing by showing up at court and going to traffic school!

No lawyer necessary.

 

[guyver01]

You did so by going to court, right?

That's what I did. I've gotten reckless driving down to absolutely nothing by showing up at court and going to traffic school!

yup. always go to court.

i've had a speeding 70 in a 40 knocked down to 'failing to yield'

$150 fine and no points.

 

[qliveur]

^Yup. You damn well know it.

Just do your homework and go to court. Take it seriously, be respectful and smart, and, usually, you'll come out better than if you'd just paid the fine. It will save you money.

 

[Vette73]

^

That and skip the ripped t-shirt and jeans that day.

 

[guyver01]

Just remember, they will always WANT to negotiate.

For a speeding ticket, a major percentage of the fine goes to the STATE
A small percentage goes to the county.

If they knock it down to non-moving violation, it's reversed. The county gets a bigger chunk of the fine.

The county wants as much money as it can get... so they will negotiate.

 

[thatsright]

Just remember, they will always WANT to negotiate.

For a speeding ticket, a major percentage of the fine goes to the STATE
A small percentage goes to the county.

If they knock it down to non-moving violation, it's reversed. The county gets a bigger chunk of the fine.

The county wants as much money as it can get... so they will negotiate.

Not sure if this is the case in MA? All the ticket $$ goes back to the State I believe....

 

[LookBehindYou]

Just remember, they will always WANT to negotiate.

For a speeding ticket, a major percentage of the fine goes to the STATE
A small percentage goes to the county.

If they knock it down to non-moving violation, it's reversed. The county gets a bigger chunk of the fine.

The county wants as much money as it can get... so they will negotiate.

No shit? Is that everywhere? I'd never heard that before, good to know.

 

[guyver01]

No shit? Is that everywhere? I'd never heard that before, good to know.

Not sure if this is everywhere, but i've heard it from lawyers in both Colorado and New York...

 

[Vette73]

No shit? Is that everywhere? I'd never heard that before, good to know.

Differant in each state and also type of ticket.

In NC the courts said that 100% of red light ticket money had to go to the school system. As soon as that happened many areas turned their "safety" cameras off as they now did not make any money off them.

 

[Elganja]

That's the biggest bunch of crap i've ever read.

Every speeding ticket i've ever gotten, i've negotiated down to non-Moving Violations myself, without ever consulting a lawyer.

Varies state to state. In Virginia the DA will not negotiate with you at all. A lawyer has to do the negotiations for you. It's fucked up.

OP: I agree with what others have said. It never hurts to go to court, your fines/points won't increase. By going to court, you give yourself a chance to get the ticket(s) reduced to a lesser charge, just pay a fine w/ no points, or get the ticket dropped all together (those are the most common things I have seen happen). GL

 

[Gibson486]

MA is an all or nothing state. You either lose the case, or you win. There are no plea bargains. This means they can reduce the fine, but it's still going on your insurance.

Also, you got two speeding tickets in a months time (in your case a week). When the judge sees that, he is not really going to want to hear excuses.

Honestly, it your word against his. The state needs the money, so who do you think you will believe. You have to have better evidence than, "I did use my blinkers and I did not change lanes like an animal". You should still go though...there is a small chance you can win. That's if the officer does not show up...HOWEVER, here is the kicker...if the officer issued more than one ticket that is being contested, they make sure to to schedule all his hearings on the same day so he only has to make one trip to court.

 

[Capt Caveman]

MA is an all or nothing state. You either lose the case, or you win. There are no plea bargains. This means they can reduce the fine, but it's still going on your insurance.

Also, you got two speeding tickets in a months time (in your case a week). When the judge sees that, he is not really going to want to hear excuses.

Honestly, it your word against his. The state needs the money, so who do you think you will believe. You have to have better evidence than, "I did use my blinkers and I did not change lanes like an animal". You should still go though...there is a small chance you can win. That's if the officer does not show up...HOWEVER, here is the kicker...if the officer issued more than one ticket that is being contested, they make sure to to schedule all his hearings on the same day so he only has to make one trip to court.

Even if he doesn't show-up, someone will be there to represent him and will read the officer's report. If this is the case, the OP may be able to get the Clerk Magistrate to drop the lane change violation. I doubt the speeding fine will get dropped. And yes, they will more than likely know about the speeding ticket you received the following week(you're an idiot).

The one time I had to go to fight a bogus ticket, I had my local senator get involved and he made the officer not attend the hearing and I got off due as the Clerk Magistrate told me he didn't want to blemish my excellent driving history.

The funny thing was the guy before me brought a lawyer and did not get off.

It's $25 for the appeal and $75 or $100 if you decide to appeal the Clerk Magistrate's decision to a judge.

 

[thatsright]

Even if he doesn't show-up, someone will be there to represent him and will read the officer's report. If this is the case, the OP may be able to get the Clerk Magistrate to drop the lane change violation. I doubt the speeding fine will get dropped. And yes, they will more than likely know about the speeding ticket you received the following week(you're an idiot).

The one time I had to go to fight a bogus ticket, I had my local senator get involved and he made the officer not attend the hearing and I got off due as the Clerk Magistrate told me he didn't want to blemish my excellent driving history.

The funny thing was the guy before me brought a lawyer and did not get off.

It's $25 for the appeal and $75 or $100 if you decide to appeal the Clerk Magistrate's decision to a judge.

Oh you bet I'm an idiot, if not a dumb ass. As many others have already stated, in MA its all or nothing. The clerk magistrate could say 'blah, blah, blah, we'll knock the ticket down to $100 and remove the lane change violation." I'm STILL Screwed at this point as the points will still hit my insurance.

FTR, the ticket I got was marked as 'clocked' and 'estimated.' What does this mean?

 

[EagleKeeper]

Clocked is that you when a certain distance within a set time span.

The distance that you covered is estimated.

Example, at 60 mph; you travel 1 mile in a minute.

More roads have mileage markers at 1/10s.

I93S has a max of 65 or less depending on where you were

So as an example; the cop detected you at x.3 and you went passed er mark(x+1).8 in about one minute. That indicates that you went 1.5 miles in a minute. Equiv to 90 mph

At what point you were between the .2 and .4 marker is an estimate.
Also, the amount of time is an estimate; he did not put a stop watch on you.

However, the information is close enough to nail you to a wall.

No way you should be rolling along anywhere 93 at 90 mph at any time.