Speeding Tickets in MA - Please Help!

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MAdriver84

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I live in the Boston area and have gotten 2 speeding tickets in the past few months. The first one I'm still waiting to get a date to see a magistrate and fight it, the second one I just got but plan to fight. Sorry for the length in advance, I'm just trying to give all the details.

The first ticket was coming out of the Ted Williams Tunnel on I-90 East.. then the road bends and around that bend the officer was on the side of the road. Everyone drives about 55-60mph in the tunnel and on that part of the road after the tunnel (I know the "going with the flow" excuse is not valid).. but the speed limit sign as you come around that bend is 40mph. So I got a ticket that said I was going 60mph in a 40mph zone. The ticket had both "Estimated" and "Radar" boxes checked.. Can that help me or is that pretty standard? This was probably about 3 months ago.. so I'm not sure if the officer would remember or not, but at the time there was barely any traffic and the only other vehicle around me was a big truck that I was passing as I went around that bend in the road where the officer saw me. I looked at a map online and from where I came around the bend and the officer could see me to where I was pulled over was only about 0.1 miles. Does that help me? Also, I checked and this is not one of the "illegally posted" speed limits. So what can I do to fight this?

The second ticket, I just got. I was stopped at a traffic light heading south on Bennington Street in Revere next to the Beachmont Veterans Memorial School (I was in a school zone) and when it turned green I drove off. Unfortunately for any defense I might have on this one, I was pulling away from the rest of the cars around me. Again, an officer was on the side of the road. He waved me over and told me I was going 38mph. I said I didn't think I was going that fast and he said I was. He then gave me a ticket saying I was going 35mph in a 20mph zone. However, the ticket does not say how he got my speed. There are check boxes for "Posted," "Not Posted," "LIDAR," "Clocked," "Radar," and "Estimated" but none of them are checked off. Is that something that I can use in my defense? Also, I looked at a map online and from the traffic light where I was stopped to the spot where I was pulled over was no more than 0.1 miles and may have even been shorter. Does that help me at all? Also, I checked and this too is not one of the "illegally posted" speed limits. Lastly, this ticket was given to me today (11/9/12) but he wrote the date on it as a month ago: 10/9/12. What should I do about that? Will the correct date it was issued be in their computer system somewhere or am I going to be in trouble for taking too long to choose to pay it or fight it (20 days is how long it says I have)?


So I would greatly appreciate any advice on how to fight these tickets. Keep in mind that I checked and neither one of the speed limits were "illegally posted," so I can't use that defense. Also, does anyone think for either of these tickets that I don't have a strong defense and should just take a reduced charge if the magistrate offers it?

Thanks in advance!
 
Talk to a lawyer.
Boston has quite a few great lawyers.

Have you looked into traffic school for the first ticket?

For the second ticket, investigate a deferred adjudication. It's like probation, except it's unsupervised. You keep your record clean for 60-90 days, pay some money, the ticket gets wiped away.

That's all I've got, other than to drive more attentively, slow down, and be extra careful.

Governments are doing anything to steal money from their citizenry. Don't help them pick your pocket, be extra careful.


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Your best bet on the first one is to get a hearing and hope the officer doesn't show up. If traffic school is an option you should consider that instead, but it will cost you.
The date on the second ticket has likely already been corrected. Your best bet here may also be to hope for a no show, but if he does show have him account for how speed was determined.
It is unlikely you will escape either of these unscathed. You are looking for a defense where you have none.
 
I'm in the same boat as you buddy, my story is a bit bleaker though. Going "85" supposedly on Stoneham near Wilmington on a 65. The thing is I literally just hit the slant on that portion of the highway and this car was coming up behind me, so I move into the right lane and the cop tells me I'm going too fast. I must've been doing 76 - 79, but making that right was a mistake since he had lidar on and was clearly a speed trap that I happened to set off when i drove to the right. The worst part is you have cars going close to 90 and I get pulled over? please.
 
Is this your first time going to CMVI court? it's not a judge you'll be talking to. Don't make that mistake; appeal, dress nicely, have a good story (try to make it close to believable not like you were getting chased or hi beamed). you will speak the the magistrate with a trooper representing the one that ticketed you. The one that pulled you over will not be there for your initial trial unless you deem the final verdict unfair in which you can go before an actual judge to argue your case (you don't want that). Always better to appeal before the magistrate with your "excuse".
 
Traffic school, people, traffic school is cool.


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The message both of you are missing is to SLOW DOWN! STOP SPEEDING!
 
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