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Hooper · 06-10-2004, 10:56 AM

That is standard for motor vehicle infractions now in Massachusetts.

I work as a local officer and I rarely, if ever go to court on any citations that I write. I do have to write a detailed narrative which accompanies any citation (or criminal offense, obviously) for the specific reason that it probably will end up being appealed.

Our department, like most, has a court liason officer who represents tha agency which wrote the citation. You have an opportunity, as you are aware, to present your side to the magistrate, and the court liason officer usually reads the officer's narrative to the magistrate.

As you already know, you can appeal the citation to a judge if you are found responsible which the issuing officer will then be required to attend. If he fails to show, you win the appeal. If he shows, you can then have the opportunity to ask questions of the officer, about training, certifications, equipment, whatever you wish. The judge then makes his ruling on that information. His options are as wide ranging as the magistrates, full fine, reduced fine, or not responsible.

I am about 50-50 when summonsed in front of the judge. I always tell friends to request a hearing in front of a magistrate! It cannot hurt you. In fact, my father is a motor coach operator and was cited in Lee, Mass recently for an equipment violation. We drove there from Boston, after first driving to Boston from Cape Cod to meet up with the old man! It was worth it, dismissed on all counts.

And before some of you chime in, I had nothing to do with the charges being dismissed. I went for support. In almost 50 years of driving, 12 professionally, this was his first citation and he was really upset about it. And with the outrageous surcharges the insurance companies hit you with for 7 years, anyone who pays a fine is being screwed. Which I why I assess money fines in only the worst and most dangerous of all motor vehicle infractions that I witness....

Hope that helps Mike, I say appeal to the judge and be respectful to all involved and you will probably do OK.

-Hooper

06-10-2004, 10:56 AM	#6
Hooper Southsider iTrader: (0) Join Date: Jul 2002 Location: Bass River, Mass. Posts: 1,226	Mike That is standard for motor vehicle infractions now in Massachusetts. I work as a local officer and I rarely, if ever go to court on any citations that I write. I do have to write a detailed narrative which accompanies any citation (or criminal offense, obviously) for the specific reason that it probably will end up being appealed. Our department, like most, has a court liason officer who represents tha agency which wrote the citation. You have an opportunity, as you are aware, to present your side to the magistrate, and the court liason officer usually reads the officer's narrative to the magistrate. As you already know, you can appeal the citation to a judge if you are found responsible which the issuing officer will then be required to attend. If he fails to show, you win the appeal. If he shows, you can then have the opportunity to ask questions of the officer, about training, certifications, equipment, whatever you wish. The judge then makes his ruling on that information. His options are as wide ranging as the magistrates, full fine, reduced fine, or not responsible. I am about 50-50 when summonsed in front of the judge. I always tell friends to request a hearing in front of a magistrate! It cannot hurt you. In fact, my father is a motor coach operator and was cited in Lee, Mass recently for an equipment violation. We drove there from Boston, after first driving to Boston from Cape Cod to meet up with the old man! It was worth it, dismissed on all counts. And before some of you chime in, I had nothing to do with the charges being dismissed. I went for support. In almost 50 years of driving, 12 professionally, this was his first citation and he was really upset about it. And with the outrageous surcharges the insurance companies hit you with for 7 years, anyone who pays a fine is being screwed. Which I why I assess money fines in only the worst and most dangerous of all motor vehicle infractions that I witness.... Hope that helps Mike, I say appeal to the judge and be respectful to all involved and you will probably do OK. -Hooper