LIDAR Ticket in Mass

[jcomensk]

My question involves a speeding ticket from the State of: Massachusettes

Last week, St. Patty's day I was on the Mass Pike and in fairly heavy traffic. I'm in the passing lane next to a semi and my radar detector starts beeping. I let off the accelerator and saw a state trooper on the right beginning to merge into traffic behind me as I passed the area he was parked. I'm thinking there's no way he's pulling me over, I was going the pace of traffic and he couldn't have a clear shot at me. He pulls me over, walks up to the window and says "89 in a 65? What's the hurry?" I couldn't believe I was going that fast. I had the cruise on 80, not 89. I just said "I don't have any excuses officer." because I was still speeding. But its a 240 dollar ticket and I don't have anything on my record except a few seat belt violations. In hind sight I should've asked how he saw I was going 89 when cars and trucks were all over the road. He was at least 1/4 mile away, most likely 1/2 mile when he was using his lidar. I can say I was going 80 and still get a ticket but my boss who lives in MA said to fight it as the officer likely won't show.

He also checked off LIDAR and 'Estimated' on the ticket. No way in hell he can estimate with all the other vehicles going by. Seriously, it was mid-morning close to Sturbridge (heavily congested interchange). I sent it in the next day to contest because I was so mad and confident he was wrong. I am taking my chances the officer won't show up, but don't I need to prepare something in my defense? Looks like LIDAR tickets are tough to beat. Any help is appreciated...

[Mr. Knowitall]

You are perfectly free to dispute the ticket and hope that the officer doesn't show up. But in terms of a contested hearing, "I think I was only going 80 and there's no way the officer could have known how fast I was actually going" is a defense I would give about a 0.000000000001% chance in court.

[jcomensk]

OUCH. That bad, huh? So my only shot is to ask for leniency?

[blewis]

Well, Mr. Knowitall has always been a bit of a pessimist. Personally, I think your odds are a MILLION times better (0.000001% chance of success), but I'm an optimist.

In terms of advice, if MA allows it, I'd submit a Discovery Request and ask for the officer's notes and the LIDAR calibration certificate. I'm not familiar with MA law or court rules, so I can't advise you on how to go about that. You could try calling the Clerk of the Court listed on your ticket and ask them.

If you can get that information, at least you will have an idea of the evidence against you. Things to look for are: does the officer specify his location, your location, etc.?

Barry

[jcomensk]

Thanks Barry. I'll call the clerk's office. It would be in the county I was ticketed in most likely?

[blewis]

Well, if you didn't make a copy of the ticket before you sent it in (and you should ALWAYS ALWAYS ALWAYS copy EVERY document to send to ANY GOVERNMENT AGENCY for ANY reason), you can wait until you receive your hearing notice. Then you'll know for sure which court.

Barry

[jcomensk]

Oops. Will wait for notice. What an airhead.

[Brian Simoneau]

The Clerks at Dudley District Court are fairly reasonable. The Trooper won't have to appear that the Clerk-Magistrate hearing in order for you to be found responsible, however. The citation is considered prima facie evidence against you and it can be presented by a prosecutor (another trooper who is designated as the "court officer".) If you are found responsible at the clerk-magistrate hearing and you appeal further to the judge, the trooper who stopped and cited you will have to appear, otherwise you will be automatically found not responsible. If you have a relatively clean driving record, you should request a certified copy from the RMV and present it at your hearing. Best of luck.

[jcomensk]

Thanks for the information. I'll try the clean record approach. I'm a NY state driver, so will an out-of-state record suffice?