Failure to Use Right Lane

My question involves a traffic ticket from the state of: MA

I was pulled over for speeding (80 mph in a 55 zone) the other night (it was dark). I had been speeding in the middle lane of a flat highway. When the police appeared behind me, I turned my right signal on, slowed down and switched lanes, ultimately parking in the breakdown lane. I put the car in park, and took off my seatbelt to retrieve the registration from my glove box.


I was fined $250 for the speeding which I don't dispute. However I was also fined:

$100 for 89-4 (the officer's description is "fail to use R"... illegible)
$25 for 90-B (the description is just "seatbelt")


I'm wondering if I might successfully fight either of the latter two offenses in court. When I looked up both statutes I believe that neither correctly applies to my case. 89-4 says "Keep right on hill/obstructed view" and I'm not sure how that applies to a three-lane flat highway. I believe the officer may have been aiming for c89 §4B which is "breakdown lane violation", and in that case I'm not sure how anyone is supposed to pull over while avoiding that. However the officer's description doesn't really reflect that either, but it's the only charge I find under that section of law which seems might apply.

In addition, with the last offense I believe the correct charge the police was aiming for was c90 §13A, however I absolutely did have my seatbelt on until I pulled over and stopped the car.

Is it worth trying to fight the latter two charges? The officer also got my birthday wrong on the ticket! Thanks for your help.

http://www.malegislature.gov/Laws/Ge...ter89/Section4

Quote:

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Section 4. Whenever on any way, public or private, there is not an unobstructed view of the road for at least four hundred feet, the driver of every vehicle shall keep his vehicle on the right of the middle of the traveled part of the way, whenever it is safe and practicable so to do...

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Sounds like you were guilty on the surface. You can likely get the last charge dismissed, if you accept guilt on the first two.

Actually 89-4B is the general "keep right except to pass" provision (first sentence) in addition to the breakdown lane driving provision in the second sentence.
89-4 would only seem to apply if you were a "slow moving vehicle".

I think you are right about 90-B...it's probably the 1 and 3 got smooched together to make the B. But that statute covers things like cellphones, radios, TV uses. The seatbelt requirement is indeed 90-13A.

I'm not up on Mass traffic citation court strategies. You certainly appear to be guilty of 89-4B so you'll have to see if that's worth your while trying to fight.

General Laws of Massachusetts, Chapter 89, Section 4. Whenever on any way, public or private, there is not an unobstructed view of the road for at least four hundred feet, the driver of every vehicle shall keep his vehicle on the right of the middle of the traveled part of the way, whenever it is safe and practicable so to do, except that the department of highways may alter this provision by...yadda yadda.

So, yeah, it appears that the officer cited you for driving on the wrong side of the road. I suppose it could be that he intended the breakdown lane statute you mentioned...idk.

I don't get the 90-B cite either...you are correct that the seat belt law is Chapter 90, Section 13A.

You are going to have to request discovery and see what the officer put in his report to make sense of this one. When you do, post it here (after redacting any identifying info). I'd like to read this one myself.

Well with regards to the 89-4B I was passing cars on my right the entire time. I'm not sure if this makes any difference. They were all going somewhere between 70-75. I was actually following a guy going 80 in front of me who after passing a bunch of cars pulled into the right lane and I (stupidly) kept going, not knowing a cop was behind me.

I'm actually kinda new at this - how would I request discovery? It's not going to get me into anymore trouble would it? Would I need to request a hearing first? Also what would that cost me? I don't really have much money and really just want the cheapest way out.. where it looks like I'm stuck losing 2 points for speeding anyway (since I'm definitely guilty of that), and the other two charges don't cost me any additional points, I'm wondering if it isn't cheaper just paying the darn thing... besides I don't wanna make a bad name for myself...

I'm sorry for all the questions, and I sincerely appreciate your help.

Take a look at blewis' sticky in the traffic court forum. It specifically deals with Washington State procedure, but the basic steps will be the same in Mass. as far as requesting discovery, etc. I too am from WA, so don't know exactly what difference there will be...but they will likely be minor and his thread will put you on the right track. You will have to notify the court that you are contesting the ticket, but any court costs, etc., will be less expensive than just taking the fine for the other two charges.

Don't worry about "making a bad name" for yourself. While there are some folks who seem to be on some kind of crusade and will try to work every little wormhole in the system - even though they are guilty as h*ll (a few on these forums seem to almost intentionally play "trooper bait" just so they can fight it in court as some sort of hobby - albeit, from what I can tell of their success rate, a rather expensive and time consuming one), nobody is going to view you that way because you feel you truly did not commit the violations.

Massachusetts is a far cry from Washington state. Washington state has some of the more quirky traffic citation procedures. The procedures there are DEFINITELY different. The discovery rules are different and what you get back will be different. I wouldn't rely too heavily on blewis's specific Washington info anywhere other than Washington. Note that unlike Washington, you'll have to pay a $25 fee for the traffic hearing. While you can request discovery, it's not specifically required that it be provided under Mass. court rules. In fact, most hearings will not dismiss the charges for lack of discovery.

There is really no requirement to provide discovery? Wow...ok. Guess I'm just so habituated to left coast ways that I didn't realize that things could be that different elsewhere. From what I'm accustomed to, THAT seems "quirky." :p

Yeah, well we don't fine people $500 for not having their seat belts on either.

I have a family member that received a speeding ticket in Montana about five years back. The officer asked if they wanted to pay it on the spot. We looked at each other and thought... well how much. Officer then stated, "only $44."