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This is the section for Massachusetts
If you received a ticket or were arrested in New York State ( NY ) CLICK HERE
If you received a ticket or were arrested in Connecticut ( CT ) CLICK HERE
If you received a ticket or were arrested in Vermont ( VT ) CLICK HERE
If you received a ticket or were arrested in Rhode Island ( RI ) CLICK HERE
If you received a ticket or were arrested in Ohio ( OH ) CLICK HERE
If you received a ticket or were arrested in New Jersey ( NJ ) CLICK HERE
your speeding ticket in Massachusetts
Anytime you receive a moving violation in MA the
conviction is likely to increase your insurance and cause points to accrue
to your driver’s license. However, being found guilty of a speeding ticket
in Massachusetts is particularly problematic because a speeding conviction
has an amplifying effect on your insurance rates, points, and suspension of
For example, did you know that in NY if you receive
3 or more speeding convictions in an 18 month period your driver’s license
gets revoked for at least 6 months? In Illinois, it’s 2 or more speeding convictions
in a 12 month period, even if the conviction occurred outside
of Illinois. For a New Jersey motorist, the NJ DMV records all speeding convictions
to your NJ record no matter what state you were convicted in. Pennsylvania
records Florida speeding convictions, and if your
Florida driving privileges are suspended and you have a Pennsylvania driver’s
license, Pennsylvania suspends your license as well. In Iowa, a single conviction
for driving 25 MPH or more over the speed limit results in a license suspension,
and out of state convictions count. Further in most states, fines are doubled
when convicted for speeding in a school or work zone, and it is a more serious
insurance “merit system” violation.
The above are just a handful of the problems
that a speeding conviction can cause a motorist, as the problems they
cause varies from state to state. However, just because you received
a speeding ticket does not mean that all hope is lost and does not mean
that you are guilty. Viable defenses are available to you.
a speeding ticket trial works
The specifics vary from state to state, however
burden of proof is on the prosecution (police officer)
motorist is presumed innocent
on the tribunal, the standard of proof varies from proof beyond a reasonable
doubt to “clear and convincing” evidence to a preponderance of the evidence
police cannot rely solely on the radar reading but must also testify as
to his visual estimation and identification of you and your vehicle
The vast majority of states do not allow a jury
trial in a speeding ticket case. This means that your case will be heard by
a judge. The trial starts with the state calling the police officer to testify.
After the police officer is done with direct testimony your lawyer
will have the right to question him, called “cross examination.” Even
though improper, the judge often jumps in with questions of his own.
Once the state is done with the police witness
they “rest.” At this point your lawyer can, and often does, move for a dismissal,
called a “directed verdict.” What the defendant / motorists argues is that
the evidence, viewed in a light most favorable to the prosecution, fails to
make a “prima facie” showing that the defendant / motorist committed the infraction.
If it is granted the case is over; if not the case continues for the defense
to present their case and evidence.
Except in rare cases, a traffic ticket defendant
never has to take the stand. However, in Massachusetts a traffic ticket is
strictly a civil matter so if the motorist does not want to take the stand
he can be compelled by the prosecutor.
Whether or not the motorist takes the stand he
or she can still present a case. He can call other witnesses such as passengers,
and offer into evidence documents and photos. After the motorists is done
he or she “rests.” And again, he can make a motion to dismiss called in this
case a “motion to dismiss.” The argument this time is that a conviction would
be as a matter of law “against the weight of the evidence.” If granted, the
case ends right there; if not the case continues for closing arguments.
During closing arguments you are arguing facts
and the evidentiary standard. The prosecution argues that they met their burden
by “clear and convincing” evidence or “proof beyond a reasonable doubt,” as
the case may be, and the motorist argues that, as a matter of fact, the prosecution
has not proven their case by the evidentiary standard of the jurisdiction.
After closing arguments the court makes its ruling.
The 3 rulings can be:
Our defense consists of:
the veracity of the accuracy of the police officer’s visual estimation
evidence of radar calibration and accuracy to suppress the radar reading
the accuracy of the radar reading as it pertains to field testing and target
Often times, when these efforts do not lead to
an outright acquittal, they lead to a conviction of speeding to a slower speed
then alleged. This often means less of or no insurance increase, and if there
was a threat of suspension no suspension, a briefer suspension period, or
eligibility for conditional driving privileges during a suspension period.
litigious methods of defending your speeding ticket
We also strive for alternate dispute resolutions.
Such methods include:
bargaining to a non-moving violation
the court to dismiss in the interest of justice
an application to a diversion program where the motorist can take a driver
safety course in consideration of a dismissal or reduction
benefits of retaining a lawyer to fight your speeding ticket
In addition to the legal acumen we bring to the
table, there are numerous other reasons why you should retain counsel to defend
a speeding ticket, such as:
the insurance increase and potentially large assessments above and beyond
the fine, it is often cheaper to retain us than plead guilty “as charged”
can often get your court appearance waived so you do not lose time and money
know the “local land” so we can better handicap your chances of success
to advise whether to take a deal or take a case to trial
are versed in the rules of discovery and make the proper demands for video
and audio evidence in advance of trial
can obtain on your behalf your driving record from the DMV when required
can retain us through mail so that you do not have to lose time from work
to come to our office
After the cop nails you in Massachusetts, who
is on your side? Attack That Ticket MA. That's who.
Attack That Ticket Massachusetts
160 Doyle Road
Holden, MA 01520
CALL: 1-877-99-NoTix (1-877-996-6849) Email: MassachusettsInfo@attackthatticket.com
Prior results do not guarantee a similar outcome.
Attack That Ticket for speeding ticket lawyers in MA, as well as Massachusetts traffic ticket attorneys. As Massachusetts Traffic Court Lawyers they also handle DUI DWI. How to fight a MA speeding ticket, How to defend a DWI in Massachusetts, DUI defense Massachusetts. Do you have a suspended license in Massachusetts? Aggravated Unlicensed Operation. How to defend a drunk driving charge in MA, Traffic Lawyers. We are also criminal defense lawyers.
Massachusetts Traffic Ticket Lawyer, MA DUI Attorneys, MA DWI Lawyer, Massachusetts Speeding Ticket, MA Traffic Courts, Suspended License, Reckless Driving, DMV Hearings
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