If you have been given a speeding ticket or a civil citation for any type of moving violation you need to know the speeding ticket appeal process.
Boston Speeding Ticket Appeal Process
If you have been given a citation you have only 20 days to request an appeals. Instructions on where to mail your appeal are listed on the back of the Massachusetts Uniform Citation or ticket the police officer handed or mailed to you.
The first appeal is a hearing before a clerk magistrate. The hearing is held at the court where the
infraction happened. The filing fee is for a magistrates appeal is $25. A clerk magistrate is not a judge. The police officer how wrote the ticket does not need to appear at the first hearing. The ticket itself is the prima facie evidence of the infraction. Although the police officer does not need to appear, the police are represented by a police prosecutor.
If either side disagrees with the decision the clerk magistrate rendered an appeal can be taken before a judge. If the driver decides to appeal to a judge the fee is $50. If the police appeal the decision there is no fee.
At a judges appeal the officer must be appear. Should the officer not appear the case must be dismissed and a NOT RESPONSIBLE will enter for the drive.
If the officer does appear the hearing will proceed before the judge. The judge will first hear from the officer, then you will have a chance to ask the officer questions. After you have questioned the officer you can present your case. That is when you can show photos, tell your version of the events. You can also call witnesses. Once you have presented your case you can then make your argument as to why the judge should find you not responsible.
Boston Speeding Ticket Attorney
Boston Speeding Ticket Attorney Patrick Donovan is a former Massachusetts prosecutor who has successfully represented clients in over fifty courts in Massachusetts. Attorney Donovan has chaired the first lawyer to lawyer training at the Massachusetts Continuing Legal Education regarding speeding appeals.