Almost all drivers at some point in their life has been stopped by a police officer. With that ticket comes advice from people on how you can beat that ticket. Some of the advice is good but most of it is junk. I have been practicing this area of law for years now and during that time I have heard it all and wanted uncover some of the common myths that people think will beat their speeding ticket.
Whether the officer spelled your name wrong or put down the wrong make of your car will automatically lead to the a dismissal. Minor errors will not be enough to convince a clerk that the ticket should be enough. An attorney can help you determine if the error on the Massachusetts speeding ticket is enough to convince a judge or a clerk to dismiss a ticket. Even if there is an error on the ticket the argument as to why the error is important must still be made.
Speeding Ticket Myth: There is not way to win a speeding ticket
Clerks and judges have heard it all when it comes to speeding tickets. They also consider many factors when they are decide the case. Many times judges and clerks will ask the officer if the person has a driver’s history or if they were polite to the officer. Even if you think you cannot win the ticket you should speak to a Speeding Ticket Attorney for a consultation.
Speeding Ticket Myth: If the police officer does not show up I win.
The first step in appealing your speeding ticket is a hearing before a clerk magistrate. The clerk is not a judge and evidence they use is a copy of the ticket. In this hearing the police officer is usually not there. Instead there is one police prosecutor that handles all of the appeals. If that police prosecutor does not appear then the hearing could be postponed or a police officer from another department may stand in.
In a judge’s appeal or the second hearing if the officer who wrote the ticket does not appear the judge may consider your request to dismiss the ticket. In some cases with good reason an appeal could be rescheduled if the officer does not appear.
Speeding Ticket Myth: The Officer Never Asked Me to Sign the Ticket
Massachusetts courts have ruled that it is a good practice to have a driver sign they ticket it is not a requirement. I have yet to see a successful case made solely on the basis that the driver did not sign the ticket.
Speeding Ticket Myth: I Don’t Have to Fight or Pay and Out of State Ticket
The NDR or Nation Driver Registry is a national database of all speeding tickets. Whenever or wherever you get a ticket it will go into the NDR. Tickets given out of state will be reported to Massachusetts and can result in higher insurance premiums. Failure to pay a ticket could result in a license suspension or you may not be able to renew your current license.
Speeding Ticket Myth: The Officer Estimated My Speed
Even today when there is better technology like radar and Lidar a clerk magistrate or a judge can still be convinced that someone was speeding if the officer estimates the speed. Especially in cases like that It is never wise to admit you were speeding.
Boston Speeding ticket Lawyer
If you have been given a speeding ticket you should consult with a Speeding Ticket Attorney. Patrick Donovan has represented clients in Boston and in over fifty courts in Massachusetts. Attorney Donovan was asked by the Massachusetts Continuing Legal Education to chair a seminar training lawyers on how to try your first case in traffic court. Attorney Donovan gladly offers a no obligation consultation. Call 617 479-1800 today.
