Traffic Violations

Traffic Violations Defended

Traffic violations in Massachusetts include driving under the influence (DUI), driving while intoxicated (DWI), reckless driving, texting while 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, multiple surchargeable events, and speeding.  If you have been charged with a traffic violation, you face fines and possible loss of your license.  In Massachusetts, it is a very realistic concern, as traffic laws have become increasingly strict and the legal consequences more severe over time.

Even if you are an out of state driver, you face legal repercussions.  Many states, including Massachusetts, keep a record of all drivers’ traffic-related offenses.  This means that if a you are from out of state and violate a traffic law in Massachusetts, the Massachusetts Registry of Motor Vehicles (RMV) can send information regarding the traffic violation to your state’s Department of Motor Vehicles.  The resident state can then choose to press further charges against you.

Appeals on Speeding Tickets:

If you are issued a ticket by the police for speeding, you have the option of either paying or appealing the speeding ticket. To appeal the ticket, sign the ticket requesting the appeal and mail it to the court specified on the ticket within 20 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. The clerk has the option of finding you 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 ticket, you have the right to appeal your case to a judge. At the time the clerk issues the decision, he or she will advise you of the court’s appeal process. There is a non-refundable fee for this appeal. At the judge’s appeal hearing, the police officer who wrote the ticket must appear and you have the right to question the officer in open court about your ticket. 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 in this case as well.

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, the RMV must suspend your license.

• If you receive 3 speeding tickets within one year, the RMV must suspend your license for 30 days.
• If you are charged with any combination of 5 surchargeable offenses (tickets or accidents) within 3 years, the RMV requires you to complete a remedial driver’s course.
• If you are charged with any combination of 7 surchargeable events (tickets or accidents) the RMV must suspend your license for 60 days and requires completion of a remedial driver’s course.
• A Habitual Traffic Offender is a driver who has a combination of 12 moving violations or 3 major moving violations (generally a criminal violation) within 5 years; in this case the RMV must suspend the driver’s license for 4 Years.
• Massachusetts also has special penalties for Junior Operators.

The biggest mistake you can make is taking your traffic ticket too lightly and then deciding to forgo representation from a lawyer.  You stand to lose your license and face other harsh legal penalties if convicted.  By working with a skilled Massachusetts criminal defense lawyer, you will increase your chance of fighting and winning your case.