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WWJD-thru-me
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Hi Keithsan, Do you know any way of winning a speeding ticket case in MA. I got a ticket on RT 2 and I plan on going to court Monday PM to try to win. It used to be if the officer didn't show up you won. Is that still tru and what other possibilities exist. If it is unbeatable I will probably save the energy. Or maybe I will get an activist judge who will whip up some legislation for me. It is Massachusetts after all. Have a great trading day and Thanks-Debi PS -I can't say its not the money its the principal of the thing. It is definitely both. They have the speed limit set at 50 on the straight away of the secondary West to East highway in Massachusetts. Sort of an expensive toll road with an extra long stop.
Posts: 1188 | From: Clinton, MA 01510 | Registered: Jan 2004  |  IP: Logged | Report this post to a Moderator
will
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I would think in any State if the officer didn't show up it is dismissed for want of prosicution.
quote:
Originally posted by WWJD-thru-me:
Hi Keithsan, Do you know any way of winning a speeding ticket case in MA. I got a ticket on RT 2 and I plan on going to court Monday PM to try to win. It used to be if the officer didn't show up you won. Is that still tru and what other possibilities exist. If it is unbeatable I will probably save the energy. Or maybe I will get an activist judge who will whip up some legislation for me. It is Massachusetts after all. Have a great trading day and Thanks-Debi PS -I can't say its not the money its the principal of the thing. It is definitely both. They have the speed limit set at 50 on the straight away of the secondary West to East highway in Massachusetts. Sort of an expensive toll road with an extra long stop.


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poorman
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In order to win by the officer not showing up ( at least in CA ) you would have to plead not guilty and then if he doesn't show for the trial you win. That also means you would have to post bail ( pay the fine up front ) and maybe pay court costs if you lose. All in all it might just be easyest to just pay the ticket and be done with it. JMO
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DiQuiRiesco
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If the officer was using radar to estimate your speed, ask when the radar was calibrated, also radar is only an estimation depending on the conditions it could register your speed plus or minus six miles per hour. Most cops give you fifteen over for this reason, You might be able to get the magistrate to lower the fine. If the cop was using vascar the variables increase to plus or minus eleven miles per hour. In any event the court will most likely take a guilty plea for five over. All they want is a new stop sign
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keithsan
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Debi,

If its the first time in court for the ticket you most likely will not see the officer, his boss will have the paperwork and you will meet in a side room at the courthouse. There's usually a line of people fighting tickets.

In that room deny anything, especially if you have a good record. Really plead your case. I never get tickets, in a pack of cars, must have had the wrong car etc..
Tell them you don't need this on your insurance you never speed, won't be able to feed your kids.... just lay it on and thick.

Usually, this person will relieve you of the ticket or lower it by 1/2 or to 50.00 Depending on how bad the infraction.

If it goes straight to court (normally this is an appeal from the first meeting), it may in some smaller towns. Deny everything, ask about the radar calibration etc.. you will have the officer at the trial segment you will question him on the stand. You also want to ensure he followed standard procedure for the department and the rules on use of that gun.( don't worry about this, you won't be at that stage)

Theres no easy way to win in court. Your best chance is that first officer you meet at court, if he's in a bad mood your doomed to go to court again.

I've done this twice, won before the law degree, lost during law school-LOL (had it lowered by 100.00 though)

Let me know how you do. Good Luck,

Keith

PS. gotta love that route 2-- If you appeal you have to pay the fine, bring a check book. If ticket is only lowered you still have to pay that day.

[This message has been edited by keithsan (edited May 24, 2004).]


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Candydish
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I do not know if this applies to you, but with our insurance etc... take the defensive driving course on line and it keeps the insurance from going up.
CD

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WWJD-thru-me
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Thanks for the all the replies. For anyone who doesn't live in Massachusetts here are the reasons you wouldn't just pay the fine:
Massachusetts sets our Insurance rates-they are not competitive and you lose your good driver discount for 3 years. The ticket is only $175 but when added to the Insurance increases it will be about $1100. Also in Massachusetts the Mass Pike and I-95 are very fast. The speed limit is 65 and you will be tailgated driving 75. If you drove the speed limit you would get run over from behind. You certainly need the freedom to be able to drive the same speed as moving traffic. I drive a lot. I have averaged 25K miles a year for about 10 years and this is the first speeding ticket in 15 years. This is a hassle to fight this-I have to drive 1 1/2 hours on Rt 2 (50-55 MPH) to get to the court. I would probably even just suck it up and pay the ticket and the increases but then if I got another ticket they might want my first child. Have a green day all. -Debi

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keithsan
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Debi, the miles you drive and years you've been driving. no tickets, this should help you with the magistrate. Hopefully he's in a good mood.

Keith


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cabbage22
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Its worth the fight, Keith's advice is perfect. I went through an actual court trial for my speeding ticket, and you are guilty until you prove yourself innocent. I tried the "pack of cars" theory, and it didnt work. Your best bet is the officer not showing up- then ask to see the calibration records. Good Luck!

quote:
Originally posted by WWJD-thru-me:
Thanks for the all the replies. For anyone who doesn't live in Massachusetts here are the reasons you wouldn't just pay the fine:
Massachusetts sets our Insurance rates-they are not competitive and you lose your good driver discount for 3 years. The ticket is only $175 but when added to the Insurance increases it will be about $1100. Also in Massachusetts the Mass Pike and I-95 are very fast. The speed limit is 65 and you will be tailgated driving 75. If you drove the speed limit you would get run over from behind. You certainly need the freedom to be able to drive the same speed as moving traffic. I drive a lot. I have averaged 25K miles a year for about 10 years and this is the first speeding ticket in 15 years. This is a hassle to fight this-I have to drive 1 1/2 hours on Rt 2 (50-55 MPH) to get to the court. I would probably even just suck it up and pay the ticket and the increases but then if I got another ticket they might want my first child. Have a green day all. -Debi


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poorman
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quote:
Originally posted by WWJD-thru-me:
Thanks for the all the replies. For anyone who doesn't live in Massachusetts here are the reasons you wouldn't just pay the fine:
Massachusetts sets our Insurance rates-they are not competitive and you lose your good driver discount for 3 years. The ticket is only $175 but when added to the Insurance increases it will be about $1100. Also in Massachusetts the Mass Pike and I-95 are very fast. The speed limit is 65 and you will be tailgated driving 75. If you drove the speed limit you would get run over from behind. You certainly need the freedom to be able to drive the same speed as moving traffic. I drive a lot. I have averaged 25K miles a year for about 10 years and this is the first speeding ticket in 15 years. This is a hassle to fight this-I have to drive 1 1/2 hours on Rt 2 (50-55 MPH) to get to the court. I would probably even just suck it up and pay the ticket and the increases but then if I got another ticket they might want my first child. Have a green day all. -Debi

In CA they have a thing called driving school. If you pay the fine and for the class the ticket does not go on your record so no insurence hike.


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keithsan
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Debi- hope they didn't lock you up-LOL

you've been MIA since.


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GREGDOGG
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HAHA, Keith, she listened too well and got thrown in the slammer...LOL

Don't fight, just pay......

Funny story,

I was at Subway yesterday getting lunch and this female cop parks beside me, she gets out and starts talking to my dog, asking his name ect, so I talk to her for a bit, and as I'm leaving she checks my liscence plate and runs it through the computer.

5 seconds later she runs to her car, flips on her sirens and lights and comes chasing after me, then 4 other cop cars come screeching around the corner and cut me off,

Then this pig jumps out and puts his gun in my face, yelling at me to put my hands up, get out of the truck, ect, ect.

So I get out of my truck and put my hands behind my back and they jam me in the back of the cop car....

Stupid cops, they thought my truck was stolen and were 1 letter off of the correct liscence plate....

I hate cops.....LOL

Oink Oink


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TradingWizard
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I hope she appologized and offered you an icecream cone!!!!!!!!!!!

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'Alone we can do so little; together we can do so much.' - Helen Keller


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GREGDOGG
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Ya, they appologized, even tried to shake my hand....LOL

I said it was okay cuz they didn't rough me up too bad, so I shook their hands.

As I shook the female cops hand I felt a bone pop, HAHAHA, guess I squeezed too hard... LOL LMAO !!!! HAHAHAHA


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TradingWizard
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Good ending, and funny story!!! :-))))

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'Alone we can do so little; together we can do so much.' - Helen Keller


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keithsan
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way to get ready for the holiday gregg-LOL at least your out, Debi hasn't been seen since, getting worried. Also, very nosey and want to find out if she was able to sway them.
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WWJD-thru-me
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Hi-I just noticed this was still here-I showed up and the waiting room was full of people who were pulled over on Route 2 in Gill, MA for their toll booth, I mean speed trap, no, it is a road safety radar check. Got to keep the roads safe from all the housewives going 60 in a 50 on the highway. Anyway the officer wsn't there but in the first step of the process he doesn't havc to be. They did have one of their reps there. The magistrate was very nice, but all he would do was reduce the fine and lessen the MPH-I would have still had a rating on my license so I am appealing. The officer who wrote my ticket wrote he calibrated the radar gun at the start of his shift. And he has special training that qualifies him to do that. All I could do is talk about my safe driving record, lack of tickets and question is this a revenue racket for the town? If the officer who wrote the ticket doesn't show up in person at that time I will win. -That is my game plan. I will pray he has some kind of blessing that keeps him away-maybe a new baby or something else good. -Not looking for twisted ankles or anything bad. If this is still here I'll let y'all know. It is Monday July 26 I think. -Debi
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keithsan
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good luck debi!
Posts: 9110 | From: boston, ma | Registered: Jan 2004  |  IP: Logged | Report this post to a Moderator
   

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