Ticket help! x-post
08-31-2005, 01:27 PM
#1
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Ticket help! x-post
Alright, so I received a ticket for speeding pictured here:
<img src="http://pictureposter.audiworld.com/89158/ticket.jpg">
If you notice the officer did not write down what my offense was, only the date, road on which it took place, time, and whether or not there was an accident. As you can see from the fine I was going well over the posted 55mph limit, however, I thought that becasue the guy didnt fill anything out I might have a chance of fighting the ticket. So I did.
Well, I recieved my court hearing in the mail this afternoon. What caught my attention, though, is circled in pink:
<img src="http://pictureposter.audiworld.com/89158/court_hearing.jpg">
How could they have known this with nothing written on my ticket? Any suggestions on what to do/say when in court? TIA
<img src="http://pictureposter.audiworld.com/89158/ticket.jpg">
If you notice the officer did not write down what my offense was, only the date, road on which it took place, time, and whether or not there was an accident. As you can see from the fine I was going well over the posted 55mph limit, however, I thought that becasue the guy didnt fill anything out I might have a chance of fighting the ticket. So I did.
Well, I recieved my court hearing in the mail this afternoon. What caught my attention, though, is circled in pink:
<img src="http://pictureposter.audiworld.com/89158/court_hearing.jpg">
How could they have known this with nothing written on my ticket? Any suggestions on what to do/say when in court? TIA
08-31-2005, 01:36 PM
#2
surprised he didn't check the box for "criminal" if you were going 100+...
you can bet if you request an additional hearing after you meet with the magistrate....that this guy will remember you (I tall blonde in a suped up silver Audi; that's got Canonball Run written all over it).
Still sucks.
I would still fight it.
Good luck!
Still sucks.
I would still fight it.
Good luck!
08-31-2005, 06:34 PM
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Since the ticket is not filled out correctly, you have a chance. (Msg inside)
I too am surprised that the officer didn't criminally cite you for double the posted limit. But...
First, the ticket MUST be filled out completely and correctly for it to be prima-facie evidence of your violation (so the lack of civil code and the fact that they said '04 for the MY might save your a$$). The judge may not have the patience for this.
If you still plan to fight it, it may be worth lawyering up, or at least buying some time to see what you have in the way of a case.
If you don't choose to do that, then at bear min I would write in ASAP to the DA's office and ask for the officer's notes.
Two things:
If his notes differ in any way in material fact from what is written on the ticket, the ticket should be thrown out by the judge.
If the DA doesn't release the notes within about a 10-14 business days, or a reasonable period before the trial, then you can have the case dismissed based on the state denying you the right to a fair trial due to a lack of complicity with the requirements for discovery.
That all being said, the Magistrate will have absolutely no patience for any of this. Don't admit that you were going faster than the speed limit, you don't have to say anything (I plead the Fizith!), and you will probably have to appeal the finding to a judge.
I'm not a lawyer, so don't base any of your decisions on what I have said. I've just been through the process a couple of times...
First, the ticket MUST be filled out completely and correctly for it to be prima-facie evidence of your violation (so the lack of civil code and the fact that they said '04 for the MY might save your a$$). The judge may not have the patience for this.
If you still plan to fight it, it may be worth lawyering up, or at least buying some time to see what you have in the way of a case.
If you don't choose to do that, then at bear min I would write in ASAP to the DA's office and ask for the officer's notes.
Two things:
If his notes differ in any way in material fact from what is written on the ticket, the ticket should be thrown out by the judge.
If the DA doesn't release the notes within about a 10-14 business days, or a reasonable period before the trial, then you can have the case dismissed based on the state denying you the right to a fair trial due to a lack of complicity with the requirements for discovery.
That all being said, the Magistrate will have absolutely no patience for any of this. Don't admit that you were going faster than the speed limit, you don't have to say anything (I plead the Fizith!), and you will probably have to appeal the finding to a judge.
I'm not a lawyer, so don't base any of your decisions on what I have said. I've just been through the process a couple of times...
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08-31-2005, 07:08 PM
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handcuff yourself, put on an orange jumpsuit and head to the courthouse.
Just kidding. I'm a prosecutor, but not in MA. You will want to confirm all of this with a MA defense attorney to verify its accuracy. That being said...
In MA, speeding is a civil offense and not a crime. In most jurisdictions that use civil systems for traffic offense, you have no 5th amendment right to remain silent. The state must prove only that it is more likely than not that you were speeding. The relevant question becomes: what are the chances you were traveling below 55 mph? Does your argument pass the laugh test?
If you expect to win on the merits, you will probably have to explain yourself to the magistrate. The magistrate is permitted to draw a negative inference from your silence if you choose to remain silent.
If you lose at the magistrate and appeal, you run the risk of drawing the attention of a prosecutor. Based upon your speed (which is presumably recorded in the officer's notes and/or the radar log), you could be charged with a crime. You also run the risk that the judge will adjust your fine upwards. The fine listed on your citation is only a suggested punishment.
That being said, the officer made an error in not recording your speed and the offense charged on the citation. You could argue that you did not receive effective notice of the charge(s) against you, and that you were therefore deprived of the right to meaningfully prepare for trial. If you get a defense-oriented magistrate, you might win on this. However, the order to appear from the court will probably suffice to put you on notice.
So, those are the issues I see you facing. Honestly, I don't know how it will shake out. Good luck. Think things over carefully. This is high stakes gambling.
And don't drive so fast when you're on public highways.
In MA, speeding is a civil offense and not a crime. In most jurisdictions that use civil systems for traffic offense, you have no 5th amendment right to remain silent. The state must prove only that it is more likely than not that you were speeding. The relevant question becomes: what are the chances you were traveling below 55 mph? Does your argument pass the laugh test?
If you expect to win on the merits, you will probably have to explain yourself to the magistrate. The magistrate is permitted to draw a negative inference from your silence if you choose to remain silent.
If you lose at the magistrate and appeal, you run the risk of drawing the attention of a prosecutor. Based upon your speed (which is presumably recorded in the officer's notes and/or the radar log), you could be charged with a crime. You also run the risk that the judge will adjust your fine upwards. The fine listed on your citation is only a suggested punishment.
That being said, the officer made an error in not recording your speed and the offense charged on the citation. You could argue that you did not receive effective notice of the charge(s) against you, and that you were therefore deprived of the right to meaningfully prepare for trial. If you get a defense-oriented magistrate, you might win on this. However, the order to appear from the court will probably suffice to put you on notice.
So, those are the issues I see you facing. Honestly, I don't know how it will shake out. Good luck. Think things over carefully. This is high stakes gambling.
And don't drive so fast when you're on public highways.
08-31-2005, 07:29 PM
#9
AudiWorld Expert
I still think you should tell the court that you thought you were being followed...
by a car full of guys. IIRC, that kind of was the case, although you showed them who's engine was the better one. Late night, female alone in a car on the highway, being followed by a car full of guys.
"The guys in the other car must have backed off when the police came, but I was not sure if they were still after me!"
I dunno...if I were the judge/magistrate, I'd reduce the violation at the very least.
"The guys in the other car must have backed off when the police came, but I was not sure if they were still after me!"
I dunno...if I were the judge/magistrate, I'd reduce the violation at the very least.
08-31-2005, 07:33 PM
#10
AudiWorld Expert
Oh, and it is easy to determine the speed from the fine...
$50 for the first 10MPH over the speed limit, then $10 for every MPH above that.
105 MPH in a 55 MPH zpne = 50 MPH over the speed limit
$50 (for the first 10 MPH) + $400 (for the other 40 MPH), then the last $50 kicker for the head injury surcharge for speeding.
...I wonder if they would add that if someone wre wearing a helmet while speeding...it would certainly be interesting to see the reaction if someone did that!
105 MPH in a 55 MPH zpne = 50 MPH over the speed limit
$50 (for the first 10 MPH) + $400 (for the other 40 MPH), then the last $50 kicker for the head injury surcharge for speeding.
...I wonder if they would add that if someone wre wearing a helmet while speeding...it would certainly be interesting to see the reaction if someone did that!