Speeding in Massachusetts - appeal? (Dennis: insurance, transfer to, tax)

[jeandinard]

Hi everybody,

I was driving to work (MA), I was on this 2x2 lanes street with a speed limit posted at 35mph. As I was driving, a police car drove by in the opposite direction, then he put his lights on, U-turned, and pulled me over. I was nice to the guy but he didn't even say hello. He asked for registration and licence, goes back to his car for 15 minutes and comes back with a citation that says:

Offenses:
A. 89-4A - Unsafe passing @ 53mph - W (waived)
D. Speeding - 53 mph in a 35 mph zone [radar] - $100

He pretended he was nice by giving me the minimum fine of $100.

So the truth is, I was probably over by a little bit, maybe 10mph, but there is NO WAY I was 18mph above. Plus it's a short section of road between two red lights, there was still snow, and I was going uphill...

It's my first ticket (I had a warning 3 years ago in MA and 1 months ago in VT), I don't want my GEICO insurance to skyrocket (it's already wicked expensive).

Should I appeal? What are my chances? What should I say at the court?

Thanks!

[superleggera]

I wonder if that ticket in VT and MA has a reciprocal agreement meaning whether the violation points in VT would transfer to MA.

[jeandinard]

Well it was just warnings. Help please?

[raveabouttoast]

Appeal it. Basically just tell your story to the court magistrate. It will more or less be your word against the cops, but it's still worth a shot. The magistrate will see that you have no prior tickets and may throw out the ticket. And just to be sure, definitely mention that you have no prior tickets and don't make a habit of speeding.

[raveabouttoast]

Originally Posted by superleggera

I wonder if that ticket in VT and MA has a reciprocal agreement meaning whether the violation points in VT would transfer to MA.

Yes, a VT ticket would affect MA insurance. However, this was just a warning.

[brfire]

Originally Posted by jeandinard

Hi everybody,

I was driving to work (MA), I was on this 2x2 lanes street with a speed limit posted at 35mph. As I was driving, a police car drove by in the opposite direction, then he put his lights on, U-turned, and pulled me over. I was nice to the guy but he didn't even say hello. He asked for registration and licence, goes back to his car for 15 minutes and comes back with a citation that says:

Offenses:
A. 89-4A - Unsafe passing @ 53mph - W (waived)
D. Speeding - 53 mph in a 35 mph zone [radar] - $100

He pretended he was nice by giving me the minimum fine of $100.

So the truth is, I was probably over by a little bit, maybe 10mph, but there is NO WAY I was 18mph above. Plus it's a short section of road between two red lights, there was still snow, and I was going uphill...

It's my first ticket (I had a warning 3 years ago in MA and 1 months ago in VT), I don't want my GEICO insurance to skyrocket (it's already wicked expensive).

Should I appeal? What are my chances? What should I say at the court?

Thanks!

So you admit you were speeding, 10 over by your account, and thats what you got ticketed for. He could have ticketed you for 18 over, a $180 fine, so yeah he did cut you a $80 break, not to mention the warning you got. go ahead and appeal it, but take responsibility for your actions. Do you make it a habit of passing, in snow, between two red lights, uphill?

[495neighbor]

Originally Posted by jeandinard

Hi everybody,

I was driving to work (MA), I was on this 2x2 lanes street with a speed limit posted at 35mph. As I was driving, a police car drove by in the opposite direction, then he put his lights on, U-turned, and pulled me over. I was nice to the guy but he didn't even say hello. He asked for registration and licence, goes back to his car for 15 minutes and comes back with a citation that says:

Offenses:
A. 89-4A - Unsafe passing @ 53mph - W (waived)
D. Speeding - 53 mph in a 35 mph zone [radar] - $100

He pretended he was nice by giving me the minimum fine of $100.

So the truth is, I was probably over by a little bit, maybe 10mph, but there is NO WAY I was 18mph above. Plus it's a short section of road between two red lights, there was still snow, and I was going uphill...

It's my first ticket (I had a warning 3 years ago in MA and 1 months ago in VT), I don't want my GEICO insurance to skyrocket (it's already wicked expensive).

Should I appeal? What are my chances? What should I say at the court?

Thanks!

Driving uphill in wintery conditions and speeding is a recipe for a spin out. You're fortunate the only bad part of your day was the inconvenient stop by "the guy" known commonly as "the Officer" who wasn't friendly enough for your liking. I assume unsafe passing meant you made an imaginary lane around another car. Sorry no advice or sympathy for you.

[Dennis Bishop]

if you appeal to the clerk magistrate and indicate you "might" have been no more than 10 miles more than the fine will be upheld.

NMA - Massachusetts Page: Ticket-Fighting Cases is a great resource to use to determine what you might do... but remember you have a timeline to file for a hearing.

I have used the above and it was instrumental in defeating the speeding citation. What's important on the speeding citation which MGL was cited. MGL 90-17 statute only cites 50, 40 and 30 mph but the classic MGL . 90-18 cites the words of Mass Highway - the speed signs should not be posted, have not been approved, and as a result were not enforceable

all roads that are not "fully compliant" with Chapter 90, section 18 have an argument to be made when speeding is involved but one has homework to do.

Just showing up and hoping the cop (btw, don't say cop in the hearing) doesn't show up is a big gamble as more often than not they have a Police Advocate there who simply reads the citation.

With surcharges these days it's worth the appeal (there are reciprocal agreements w/i other new england states so your prior infraction may be viewable. Then again it might not be). In the case I argued based on information from the above web cite it was worth it as it was one of my teenagers driving my vehicle.

Results: Ticket dismissed - same circumstnaces; radar patrol going in opposite direction.

Good Luck.

[jeandinard]

Thanks for your answers guys, I appreciate it, especially Dennis Bishop.

Note to the negative comments above: there was no "imaginary lane", it's a 2x2 lanes road, that's why I was confused about the word "passing", I was simply traveling on the left lane, with other cars. Also, there was only a trace of snow in the middle of the road, and I have snow tires, and I always have perfect control of my car, and most important, I was NOT at 53mph, I was at 45mph maximum. So excuse me but, if you have no sympathy for those you drive 10 above at times, then you must hate everybody.

Have a good day!

[pennyone]

Whatever the case, I am glad that the police is finally cracking down in idiot drivers. No sympathies for you. There are too many low end drivers who do not care for the safety of others when they get behind the wheel. The more the police act like this officer who gave out the ticket, the better and stronger the deterrent. It will make the roads a little safer, and give more money to Massachusetts government. Speeders, think twice.

By the way, please dont waste our judges' time and tax payers' money with silly appeals. You speed, you man up and pay.