How do I, as a junior operator, appeal a speeding ticket in Massachusetts?

[kyayamster]

So, I was recently pulled over for an expired inspection ticket (that isn't expired, which I can prove) and for going 29 in a 20. I will also be charged for violating 2 JOL restrictions, but I would like to fight the speeding ticket.

The speed limit where they pulled me over, or where they first saw me, was changing from a 20 to a 30 mph zone. My driving instructor before I got my license told me multiple times that I must be going the speed by the time I pass the new speed limit sign, but some say otherwise. I'm not sure what other defense I can use other than I was trying to get home because my friend was sick.

I understand if you have no advice for me, I figured I would ask and look into it, but I would love to hear what I might be able to do. Thanks!

Moved to the appropriate Forum.

Iron Woode
Super Moderator

 

[lxskllr]

Simply going to court can /sometimes/ get you a lighter sentence, even if you don't contest the charges. Typically how it works here, is the out of pocket costs are about the same, but you don't get the points(The things that make your insurance more expensive). As far as the speed limit goes, it changes at the sign. That's incontestable unless there was a problem with the sign, eg missing, covered in vines, whatever...

 

[kyayamster]

Simply going to court can /sometimes/ get you a lighter sentence, even if you don't contest the charges. Typically how it works here, is the out of pocket costs are about the same, but you don't get the points(The things that make your insurance more expensive). As far as the speed limit goes, it changes at the sign. That's incontestable unless there was a problem with the sign, eg missing, covered in vines, whatever...

I was summons to go to court and am attending tomorrow. Should I just present my case and explain what I explained above? I'm just not sure what can help my case.

 

[lxskllr]

If it works like it does here, you plead guilty with an explanation. Give a decent explanation, and hope for the best. Don't try any Perry Mason shit, or try to outfox the court. They'll see through it, and drop the hammer on you. Downside of going to court is they can *increase* the penalty as well as decrease it. That doesn't typically happen unless you act like a dick though. Wild card is the cop doesn't show up. If that happens here, you don't plead guilty, and since there's no one to testify against you, you go free. Dunno if that applies to other states. It should, but a lot of things that should be, aren't.

 

[BurnItDwn]

I've heard the argument before that "speed up before the sign" is legal, but, pretty much the way it's in the books just about every state and country is that the new speed limit begins at the location of the sign, not during a "ramp up" distance before the sign.

Now, if you can locate any traffic studies, and track down the 80th percentile speed, you might have a good argument for the 20mph speed zone being unsafe, and that by going 29, you may have been driving safer than if you had been going only 20.

Good luck.

 

[Jerem]

The speed limit sign designates the maximum speed you can go, not the required speed you must go. The idea that you must be going that speed when you reach that sign doesn't make sense considering you aren't required to go that speed in the first place.

 

[kn51]

Interesting first post but I would bet there is a pretrial diversion you can do. Basically pay a fee (which is in line with your speeding ticket fee, but of course a bit more) and you do a pinky swear on the dotted line that you won't have another infraction for say six months.

No points on your license, but if you get caught in that period all bets are off and they will nail you with the points and the original infraction fees.

 

[deadlyapp]

As another poster said, your best option is going to be to plead guilty to the speeding fine and see if they reduce it or let you take traffic school or similar to keep the points off. Each state calls it something different (deferment, etc) but basically means you'll not get a ticket within a certain time frame and this ticket won't hit your record.

Trying to plead not-guilty means you will have another court date where they will have the officer there and you can plead your case, however you have almost no chance of getting any success out of this with an excuse like "the speed was changing" or "I needed to get home".

 

[Carson Dyle]

The speed limit where they pulled me over, or where they first saw me, was changing from a 20 to a 30 mph zone. My driving instructor before I got my license told me multiple times that I must be going the speed by the time I pass the new speed limit sign, but some say otherwise.

LOL, I think you got your wires crossed there.

That might be the case where the speed limit drops (never got a ticket in such a situation myself, so couldn't say for certain), but it certainly does NOT apply when the speed limit increases. Like someone else said, the sign designates the maximum speed, not the required speed.

Pay the ticket.

 

[preCRT]

Pay the ticket and stop driving like a jackazz on MY roads. Stop speeding or leave the state.

 

[Carson Dyle]

I can only imagine how this guy must have been driving himself crazy.

"Oh, shit, is that a 55 MPH zone up ahead? Damn, I'm only doing 40!"