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  1. #1
    Join Date
    Jul 2008
    Posts
    4

    Default Misdemeanor Driving Charge

    My question involves labor and employment law for the state of: Massachusetts

    I was convicted of a misdemeanor Reckless Driving charge, (85 in a 50) 11 months ago. It is my first and only misdemeanor charge.

    On an application for a job I am interested in the wording is:

    "Within the last 5 years have you been convicted of, or released from incarceration for, a misdemeanor? Please answer "No" if the misdemeanor involved a first offense for drunkeness, simple assault, speeding, a minor traffic violation, an affray, or disturbing the peace."

    I want to answer the application truthfully, but I don't want to harm myself unneccessarily for a stupid one time mistake that I made. Should I answer yes to the question or does the second sentence of the question let me honestly answer "no" to the question?

    I appreciate any guidance.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Misdemeanor Driving Charge

    You would need to find out from HR if they consider a reckless driving conviction to be "a minor traffic violation". I expect that they would want you to report a misdemeanor reckless driving conviction.

  3. #3

    Default Re: Misdemeanor Driving Charge

    85 MPH in a 50 MPH sounds like a civil infraction (speeding). Are you sure it was a criminal offense? Was the "criminal complaint application" box checked on the citation? If the "all civil infractions" box was checked, it's civil and not criminal. Therefore, you do not have to disclose it.

    Also, even if it is "criminal," it could be considered a "minor traffic violation."

    Finally, and probably most importantly, were you either (1) convicted (i.e. plead "guilty" or found "guilty" or (2) released from incarceration? If you were just cited and not arrested, you were not 'released from incarceration,' because you were never incarcerated in the first place. In Massachusetts, most of the time when someone "pleads out," the case is CWOF'ed - continued without a finding or dismissed upon payment of costs. If either of these things happened...you weren't convicted. You can check the docket sheet or your criminal record to find out for sure.

  4. #4
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Misdemeanor Driving Charge

    RMV Lawyer thanks for your response!

    One of the things I should have mentioned was that the offense occurred in Connecticut, and 85 mph is automatically considered reckless driving. I wasn't arrested but I was given a misdemeanor complaint form and since I was from another state I was given the option of just paying the bond due and not actually appearing. At the time I just wanted the matter settled as quickly as possible so I just paid the fine....something I regret now.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Misdemeanor Driving Charge

    FYI, the wording on the application is required by law in MA.

  6. #6
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Misdemeanor Driving Charge

    Thanks for all the info.

    I have one other question, not sure if anyone has the answer. I'm likely going to be filling out an application for a job in CT, but I have a more general question. When I look up the charge on a look up tool on the Connecticut judicial site it simply says "Bond Forfeit" rather than guilty. Now on the night I was stopped, the officer said that since I was out of state I could just pay the fine rather than appear. In an effort to get the matter behind me as quickly as possible, this is what I did.

    If an employment application asks me if I have been convicted of a misdemeanor charge do I still need to say yes, or technically because the result was a "Bond Forfeit" can I say no. Again, I'm not interested in lying, I just don't want to say yes to something that I don't have to.

    Any guidance is appreciated.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Misdemeanor Driving Charge

    Did you actually pay a fine, or did you simply fail to appear in court and assume that your bond would transform into the payment of a fine?

  8. #8
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Misdemeanor Driving Charge

    When I looked up the case on the court website, it actually said the fine was $0.00. The summons said that I could either appear in court of mail in the Total Bond Due, which I did.

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