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Today as I was preparing to leaving for a major performance at 6 in the morning I noticed a citation on my windshield. I was rushed a tad so I didn't get to look at it, but I'm almost positive it's my inspection sticker. It's a September 2012 sticker and as you all know it's November. I was nowhere near the officer when he cited it, so most advice on photographing the incident and such don't apply. I'm definitely fighting (going to court and asking for mercy) the ticket, but I'm not 100% sure how to go about it. Bare in mind that this is in Massachusetts.
First off it should be noted I'm an '18 year old college student who attends a partying university and is irresponsible' (in their eyes), so I'm wondering not only what I should I to gather a case, the process of fighting it (I've never been to court for anything before), and what my options are for a deal. Obviously as soon as the first inspection garage opens I'm there and will get this car inspected. There is nothing noticeably wrong, so I'm not driving a car that's a mile away rom dying. Next, should I hire an attorney? It's a minor violation, but I'm not sure if a college student representing himself looks good in court. And lastly I have no problem paying $40; I have an issue paying $300 or so extra on insurance each year because of this. If I can get it fully thrown out that's great, but is it easier to win a case that asks to take this off my record and pay rather than have it completely gone? Or is this not possible: I either have to pay everything or don't?
I'm doing more research on my topic now, I just wanted another source. Also, while in court what should I do? Do I need to present evidence/ documents about why it should be thrown out? Do I stand behind a desk and talk or go up and sit in the section adjacent to the judge? Do I even speak, or do I have something like an attorney's opening statement such as "I messed up and I'm sorry about not having my car inspected on time..." Or am I quiet the while time because they know why I'm there. I'm asking these both from the proper perspective, but also what makes it easier for the magistrate to deal with. I guess I'm asking for more of a walk through such as "you'll go in, stand there, and say what you did was dumb".
Please, any help you guys can give me will be so much appreciated and thanks a bunch.
Get your car inspected, go to court with proof you had it done, and ask for leniency. That's about all you can do. The ticket sounds like it was deserved.
Get your car inspected, go to court with proof you had it done, and ask for leniency. That's about all you can do. The ticket sounds like it was deserved.
This^^, plus this isn't a violation that will incur points on your license or against your insurance. No need fro an attorney. When you go to court you will be instructed as to what you need to do. The only thing I can suggest is that you may want to meet with the assistant DA before court. He may deal with this so as to not tie up the court with a simple case like this. Call the court office beforehand to verify this and make arrangements, if applicable. I did this years ago when I was still making bad decisions. Well, more bad decisions.
You are definitely guilty, so any discussion to the contrary with representatives of the justice system will not be to your advantage. This is as cut and dry as it gets.
In real life there are consequences for your actions. Laws and rules need to be followed. Permits and licenses need to be applied for and renewed.
I would pay the fine and devote your time and efforts to reading the state driver's manual instead. Become familiar with the laws and your responsibilities.
Note: I see this with certain people and games like pool/billiards. They will devote a great amount of time and effort toward cheating rather than practicing/learning the game. If they would instead spend their time practicing, they would become very good players...
You know, I wanted to tell you to relax, that this citation wouldn't affect your driving record or insurance, as I believe that to be true in many places.
BUT, that is not true in Massachusetts!
The relevant stuff with insurance rates and violations is all bound together in the SDIP (Safe Driver Insurance Plan) regulations, all of which is administered by something called the Merit Rating Board. Merit Rating Board - MassDOT RMV There's a long list of "surchargeable incidents": Surchargeable Incidents - Merit Rating Board - MassDOT RMV And the expired inspection sticker is on there.
A "minor traffic law violation" such as this is 2 points. The surcharge for 2 points for in inexperienced driver (less than 6 years) according to the chart is 15%. So, your rates would go up 15%. This is assuming you don't have any other incidents still hanging around. Premium Adjustment Chart for Inexperienced Operators - Merit Rating Board - MassDOT RMV Although apparently insurance companies do not have to use SDIP as its basis for determining the rates. So you might have to find out from them. Useful if you have an insurance agent you can call and ask such a question, rather than direct insurance. When you talk to the agent, you won't be telling the insurance company you got a ticket. Important distinction. Anything you say to the insurance co can and will be used against you. But not the case with the agent, who is on your side.
If 15% is $300 then I'd say you already had a big problem. Really, your insurance costs $2000/year already? Ouch. Maybe that's just an estimate on your part. Or maybe you already read all these pages.
I understand completely not wanting insurance to go up. I fought a speeding ticket in PA and had it knocked down to a zero point violation. But that is in PA. And that is speeding. Whether there is any lenience in Mass for an expired sticker, I can't tell you. Get it inspected and show up proving that you got it inspected, plead for lenience? But you're 2 months expired, not just a week. I don't know. Need more info that is specific to Massachusetts methinks. Keep digging along those lines. I don't know how long it takes to get a hearing, but often it's a couple months, so ask for a hearing/plead not guilty/whatever the procedure is, and then you're going to have to do some more digging.
Make sure it's not just a warning before going too crazy! You said you didn't look at it closely.
It suggests there would be no surcharge points for first minor violation, assuming this is your first. You might want to call the phone number down there and see if that is true for you. If that's the case, then you pay the thing and get on with life. And don't have any more violations!
You know, I wanted to tell you to relax, that this citation wouldn't affect your driving record or insurance, as I believe that to be true in many places.
BUT, that is not true in Massachusetts!
The relevant stuff with insurance rates and violations is all bound together in the SDIP (Safe Driver Insurance Plan) regulations, all of which is administered by something called the Merit Rating Board. Merit Rating Board - MassDOT RMV There's a long list of "surchargeable incidents": Surchargeable Incidents - Merit Rating Board - MassDOT RMV And the expired inspection sticker is on there.
A "minor traffic law violation" such as this is 2 points. The surcharge for 2 points for in inexperienced driver (less than 6 years) according to the chart is 15%. So, your rates would go up 15%. This is assuming you don't have any other incidents still hanging around. Premium Adjustment Chart for Inexperienced Operators - Merit Rating Board - MassDOT RMV Although apparently insurance companies do not have to use SDIP as its basis for determining the rates. So you might have to find out from them. Useful if you have an insurance agent you can call and ask such a question, rather than direct insurance. When you talk to the agent, you won't be telling the insurance company you got a ticket. Important distinction. Anything you say to the insurance co can and will be used against you. But not the case with the agent, who is on your side.
If 15% is $300 then I'd say you already had a big problem. Really, your insurance costs $2000/year already? Ouch. Maybe that's just an estimate on your part. Or maybe you already read all these pages.
I understand completely not wanting insurance to go up. I fought a speeding ticket in PA and had it knocked down to a zero point violation. But that is in PA. And that is speeding. Whether there is any lenience in Mass for an expired sticker, I can't tell you. Get it inspected and show up proving that you got it inspected, plead for lenience? But you're 2 months expired, not just a week. I don't know. Need more info that is specific to Massachusetts methinks. Keep digging along those lines. I don't know how long it takes to get a hearing, but often it's a couple months, so ask for a hearing/plead not guilty/whatever the procedure is, and then you're going to have to do some more digging.
Make sure it's not just a warning before going too crazy! You said you didn't look at it closely.
But are either of these what OP is guilty of? I would expect the violation to read something like "Inspection sticker, expired". But who knows.
Inspection sticker, failure to display
M.G.L. c. 90, § 20
730 CMR 7.08(26)
Inspection sticker, operating without
M.G.L. c. 90, § 7A
M.G.L. c. 90, § 20
730 CMR 7.08(26)
Years ago, after being issued a ticket for something, I don't recall what, I consulted a lawyer. Turns out he was to serve as traffic court judge the next week. His fee was whatever it was and he took care of it.
But are either of these what OP is guilty of? I would expect the violation to read something like "Inspection sticker, expired". But who knows.
Inspection sticker, failure to display
M.G.L. c. 90, § 20
730 CMR 7.08(26)
Inspection sticker, operating without
M.G.L. c. 90, § 7A
M.G.L. c. 90, § 20
730 CMR 7.08(26)
That's a fair point. I had thought one of them mentioned expired, but when writing my post I had forgotten they were termed this way.
I can see the distinction between the two. "Operating without" would be actually driving, whereas "failure to display" would be parked. Presumably OP is guilty of failure to display. You'd have to read the law itself, but I would tend to expect that an expired sticker would be covered under both of those.
Assuming that is the case, then the best bet is likely that first minor offense bit, but what I wasn't able to figure out is if a driver so young actually qualified for that or not. There's a lot of language on there about 5 years clean record, but someone age 18 can only have 2 years or so of record at all.
It's still hard for me to believe that a parked failure to display would be a violation that counts up points which thus affects your insurance rates. That's crazy. I have to think there's a way to fight back against that.
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But not the case with the agent, who is on your side.
