Massachusetts Traffic Violations

After people have been charged with traffic violation in Massachusetts, they may be concerned with a variety of things, such as the fines they will have to pay.  However, peoples' greatest concern is usually losing their driver's licenses.  In Massachusetts, it is a very realistic concern, as traffic laws have become increasingly strict and the legal consequences even more severe.

Even if a person is an out of state driver, they face a great deal of legal repercussions.  Many states, including Massachusetts, will keep a record of all drivers' traffic related offenses.  This means that if a person from out of state violates a traffic law in Massachusetts, the Massachusetts Registry of Motor Vehicles can send information regarding the traffic violation to the person's resident state Department of Motor Vehicles.  The resident state can then choose to press further charges against the out of state driver.

If you have been charged with a traffic violation, such as:  DUI, DWI, reckless driving, drug possession while operating a motor vehicle, driving without a license, driving without insurance, leaving the scene of an accident, hit and run accident, outstanding warrants for unpaid tickets, or multiple surchargeable events, or speeding you need to speak with an experienced criminal defense attorney.

The biggest mistake people make is taking their traffic ticket too lightly and then deciding to forgo representation from a lawyer.  This is never a wise idea as you stand to lose your license and face other harsh legal penalties if convicted.  By working with a skilled Massachusetts traffic violations lawyer, you will increase you chance of fighting your offense and obtaining a successful case outcome.

Massachusetts Speeding Ticket Appeal Process

After being pulled over by the police and issued a ticket, the driver has option of either paying the ticket and admitting that he or she is responsible for the offense or appealing the speeding ticket. To appeal the ticket the driver simply must sign the ticket requesting the appeal of the traffic or speeding ticket and mail it to the court specified on the ticket within twenty days. There is no fee for this appeal. The appeal will be heard before a clerk magistrate in the court where the offense took place. At this hearing the police officer who gave the ticket does not need to appear. The police are represented by the police prosecutor who will usually just read a report to the clerk. The clerk will then hear from the driver and make decision. The clerk has the option of finding the driver responsible or not responsible and either assessing the same fine or reducing the fine. You may be represented by an attorney at this hearing.

If the clerk holds you responsible for the traffic or speeding ticket, you have the right to appeal your case to a judge. At the time the clerk issues his decision he or she will advise you of the courts process to appeal. There is a non-refundable fee for this appeal. After requesting the judge's appeal the court will notify you of when the hearing will be held. At the judge's appeal the police officer who wrote the ticket must appear. At this hearing you have a right to question the officer in open court about your ticket. Just like at the clerk's hearing the judge has the option of finding you responsible or not responsible and assessing the original fine or reducing the fine. You have the right to have an attorney present this case as well.

Massachusetts Penalties

If you are found responsible for speeding or any other traffic or surchargeable offenses, the first penalty will most likely be an increase in your insurance. If you are found to responsible on multiple tickets it is mandatory for the Massachusetts Registry of Motor Vehicles to suspend your license.

Three Speeding Tickets within one year and the RMV must suspend your license for 30 Days.

Five Surchargeables, any combination of five surchargeable offenses (tickets or accidents) within three years, the RMV requires you complete a remedial drivers course.

Seven Surchargeables, any combination of seven surchargeable events, (tickets and accidents) the RMV must suspend your license for 60 DAYS and requires completion of a remedial drivers course.

Habitual Traffic Offender is where the driver has a combination of twelve moving violations or three major moving violations (generally a criminal violation) within 5 years the RMV must suspend the drivers license for FOUR Years.

Special Penalties For Massachusetts Drivers

Massachusetts also has special penalties for junior operators. 

Massachusetts Traffic Violations Lawyer

Attorney David P. Flanagan has represented many clients who have been charged with Boston and Massachusetts traffic violations and infractions in Boston and throughout  Massachusetts. Attorney David P. Flanagan is committed to aggressively pursuing the best possible outcome for each and every one of his clients.

Call Keegan & Flanagan today for your free initial consultation at 617-472-8400.

 

Keegan and Flanagan, L.L.P.
Attorneys at Law
1495 Hancock Street, Second floor
Quincy, MA 02169
Tel: 617-934-4408
Fax: 617-479-3409