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Old 12-04-2013, 08:59 AM
 
2 posts, read 10,944 times
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I have gotten two speeding tickets within a year and a half. The first one was in Rhode Island and dismissed due to my clean driving record at the time. The second speeding ticket was given to me in Massachusetts for allegedly going 80 in a 55 zone (I was going about 65-68). I was wondering, do I have a chance of fighting this one since it is my first ticket in the state of Massachusetts and haven't had one in over a year? I am mostly worried about my already high insurance rate going up even more.

Thanks in advanced
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Old 12-04-2013, 10:01 AM
 
Location: 42°22'55.2"N 71°24'46.8"W
4,848 posts, read 11,745,434 times
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Call a lawyer who specializes in speeding tickets. For future reference you should ask to see the reading on the radar gun at the time you were stopped if you don't agree with the speed.
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Old 12-04-2013, 11:02 AM
 
2 posts, read 10,944 times
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Thanks for your response. Unfortunately, at the moment I can't afford to hire a lawyer. I just didn't know if anyone had any experience with a situation like this and could tell me if the state is lenient. As far as the reading on the radar gun goes, it was checked off as "estimated" on the ticket. The trooper was driving through traffic and was way ahead, so I'm not sure how he was able to accurately estimate my speed.
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Old 12-04-2013, 12:32 PM
 
Location: 42°22'55.2"N 71°24'46.8"W
4,848 posts, read 11,745,434 times
Reputation: 2961
In general you will usually save money by hiring a lawyer. The speeding ticket alone will cost $50 for the first 10mph over the limit plus $10 per mph over the limit after that, plus a $50 surcharge. Should be $250 in your case. The surcharge to your insurance premium is the biggie and will be heavily dependent on your age. I had 2 speeding tickets on my record when I moved to MA (under 25) and paid $3600/yr for my insurance. It dropped to about $500/yr after turning 25 and having no violations for 5 years. At the minimum you could call a lawyer for a free phone consultation to ask what your options are and what it means to have an "estimated" speed on your ticket. Best case scenario, it's possible those types of tickets are thrown out in court, but officers just issue them hoping most people will just pay the fine out of court. Only a lawyer would be able to tell you with certainty though.
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Old 12-04-2013, 12:41 PM
 
Location: On the road
2,798 posts, read 2,659,043 times
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Firstly, if you said anything to the officer that could be considered an admission of the charge, he wrote that down, and will offer it as evidence, should you insist on a court hearing.
If you specifically denied going that fast, he will not have written anything down.
Just going before the judge and claiming the officer got you by mistake, that there was actually another car in his sights, and recounting anything you can recall about the event, to prove your memory of the event is accurate throws doubt on the officer's charge.
Also, usually with a relatively clean record, they will negotiate a lesser charge most of the time if you talk to the prosecutor before court.

Having said that, if you actually were going that fast, then just pay the ticket, and get on with your life.
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Old 12-07-2013, 06:39 PM
 
Location: San Antonio
4,422 posts, read 6,212,092 times
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Just appeal it, and do NOT forget to turn it in before the deadline. Wait to get your hearing date. There have been many cases when the magistrate will overturn it, especially if you were not allowed to see the radar. Hopefully the officer will not show up and it will be waived automatically. You have nothing to lose by fighting it, and you do NOT need a lawyer. The violation stays on your driving record for six years if you don't fight it. Good luck.
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Old 12-07-2013, 08:05 PM
 
Location: Needham, MA
8,524 posts, read 13,896,762 times
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Quote:
Originally Posted by thenewtexan View Post
Just appeal it, and do NOT forget to turn it in before the deadline. Wait to get your hearing date. There have been many cases when the magistrate will overturn it, especially if you were not allowed to see the radar. Hopefully the officer will not show up and it will be waived automatically. You have nothing to lose by fighting it, and you do NOT need a lawyer. The violation stays on your driving record for six years if you don't fight it. Good luck.
I don't think that happens anymore where the officer doesn't show up and the ticket is waived. In the past, the actual officer that issued the ticket showed up at the appeal but now they have one or two officers there that represent the police and they just read the officer's report of the incident. I happen to have appealed a ticket last month (I won BTW ) and this is what I saw and I had heard in the past that this is what happens now.
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Old 12-07-2013, 08:56 PM
 
Location: Columbia SC
14,190 posts, read 14,543,530 times
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If you want to "fix it" in like make it go away, the Clerk Of Courts is about the only person that can do that once the ticket is written.

As Mike said, go to court and make nice. Long time safe driving record, first offense in MA, etc., etc. and see if they reduce or dismiss it.
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Old 12-08-2013, 05:00 PM
 
8,788 posts, read 6,123,839 times
Reputation: 12067
Quote:
Originally Posted by MikePRU View Post
I don't think that happens anymore where the officer doesn't show up and the ticket is waived. In the past, the actual officer that issued the ticket showed up at the appeal but now they have one or two officers there that represent the police and they just read the officer's report of the incident. I happen to have appealed a ticket last month (I won BTW ) and this is what I saw and I had heard in the past that this is what happens now.
I confirm what Mike said. I contested a ticket in Lowell and the police department sends a representative to court on a given day. I won by having a clean record up until that point and wearing a suit. The magistrate made it clear he was giving me a break and said there would not be a second one on his watch.

I am amazed how many people do not dress up when going in front of a court official. I really think it helps.
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