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  1. #1
    Join Date
    Dec 2010
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    1

    Default Speeding Ticket While Driving at Speed of Traffic, LIDAR and Estimated

    My question involves a speeding ticket from the State of: Massachusetts.

    I was in the second from far left lane (not the fast lane). I was traveling with the entire interstate system of cars, I was not passing or changing lanes for miles. Next thing I see lights and I figure they need to get by, but he pulled behind me. He took my ID (out of state license) but did not ask for insurance card. He returned with ticket and handed to me, said I'm issuing you a citation sir, have a nice day... He did not ask me to sign it so it is not signed. I was in a rental car at the time. When I told him it was a rental he said I presume you have authorized use of this vehicle, I said yes. No more talking after that. Time was between 4 and 5pm. Check box on All Civil Infractions. He did not check any other boxes (one option is warning). last box say check one Officer certifies: - he checked - in hand to viol. (to i mply that he handed me the ticket, which he did and may have on dash cam?)?

    I'd really like to avoid the points and insurance. Can I beat this ticket, or at least have the process of paying court costs and prevail on the: no points and no insurance increase (even if it costs fees, etc.)

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Massachusetts LIDAR and Estimated. 23 Miles of Sl. Group of Cars All Same. Court

    Quote Quoting abemiles
    View Post
    My question involves a speeding ticket from the State of: Massachusetts.

    I was in the second from far left lane (not the fast lane). I was traveling with the entire interstate system of cars, I was not passing or changing lanes for miles. Next thing I see lights and I figure they need to get by, but he pulled behind me. He took my ID (out of state license) but did not ask for insurance card. He returned with ticket and handed to me, said I'm issuing you a citation sir, have a nice day... He did not ask me to sign it so it is not signed. I was in a rental car at the time. When I told him it was a rental he said I presume you have authorized use of this vehicle, I said yes. No more talking after that. Time was between 4 and 5pm. Check box on All Civil Infractions. He did not check any other boxes (one option is warning). last box say check one Officer certifies: - he checked - in hand to viol. (to i mply that he handed me the ticket, which he did and may have on dash cam?)?

    I'd really like to avoid the points and insurance. Can I beat this ticket, or at least have the process of paying court costs and prevail on the: no points and no insurance increase (even if it costs fees, etc.)
    Its possible to beat LIDAR .... but I am not that familiar w/MA law in this matter , a civil violation.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Massachusetts LIDAR and Estimated. 23 Miles of Sl. Group of Cars All Same. Court

    The fact that others were speeding doesn't mitigate your violation. It won't work any better with the judge than your mother. If he didn't write you up for anything other than speeding the insurance and rental issues are completely moot. You can always go to court but in most Mass jurisdictions you'll have to appear twice. The first is only a magistrate's hearing and the cop doesn't need to be there. You can request a court trial. These days most jurisdictions are more concerned about money than points, you can try a deal. Best bet would be to consult directly with someone familiar with the specific jurisdiction (they're all over the place).

  4. #4
    Join Date
    Nov 2009
    Location
    Framingham, Massachusetts, United States
    Posts
    116

    Default Re: Massachusetts LIDAR and Estimated. 23 Miles of Sl. Group of Cars All Same. Court

    Massachusetts District Courts report the outcome of Civil Motor Vehicle Infraction (CMVI) hearings to the Registry of Motor Vehicles and the Massachusetts Merit Rating Board. Massachusetts insurance companies obtain this information, because they have access to Mass. Driving Records and they use it to impose surcharges and establish premiums for insurance policies. I am not aware of whether insurance companies or other states receive this information. So, there’s at least a chance that your home state will not discover the Massachusetts speeding conviction.

    In Massachusetts, there is no way to avoid a surcharge or responsible entry on your Mass. driving record by paying a fine, taking a class, or arranging for some kind of alternative disposition. G.L. c. 90C § 3 provides in pertinent part that “[a]t the conclusion of the hearing, the magistrate or justice shall announce a finding of responsible or not responsible. The magistrate or justice shall enter a finding of responsible if it was shown by a preponderance of the credible evidence that the violator committed the infraction alleged; otherwise the magistrate or justice shall enter a finding of not responsible. No other disposition shall be permitted, and such matters shall not be continued without a finding, dismissed, or filed.” Therefore, the only way to avoid a surcharge, “points,” or a “responsible” finding on your driving record is to be found “not responsible,” after a hearing for the violation.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Massachusetts LIDAR and Estimated. 23 Miles of Sl. Group of Cars All Same. Court

    Quote Quoting Brian Simoneau
    View Post
    Massachusetts District Courts report the outcome of Civil Motor Vehicle Infraction (CMVI) hearings to the Registry of Motor Vehicles and the Massachusetts Merit Rating Board. Massachusetts insurance companies obtain this information, because they have access to Mass. Driving Records and they use it to impose surcharges and establish premiums for insurance policies. I am not aware of whether insurance companies or other states receive this information. So, there’s at least a chance that your home state will not discover the Massachusetts speeding conviction.

    In Massachusetts, there is no way to avoid a surcharge or responsible entry on your Mass. driving record by paying a fine, taking a class, or arranging for some kind of alternative disposition. G.L. c. 90C § 3 provides in pertinent part that “[a]t the conclusion of the hearing, the magistrate or justice shall announce a finding of responsible or not responsible. The magistrate or justice shall enter a finding of responsible if it was shown by a preponderance of the credible evidence that the violator committed the infraction alleged; otherwise the magistrate or justice shall enter a finding of not responsible. No other disposition shall be permitted, and such matters shall not be continued without a finding, dismissed, or filed.” Therefore, the only way to avoid a surcharge, “points,” or a “responsible” finding on your driving record is to be found “not responsible,” after a hearing for the violation.
    They don't call it Taxachusetts for nothing !

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