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The Scuppers This is a new forum for the not necessarily fishing related topics...

 
 
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Old 02-25-2005, 01:06 PM   #34
Hooper
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Join Date: Jul 2002
Location: Bass River, Mass.
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Spence and 5/0: You guys live in two different states, the laws are certainly going to be different! You are probably both right...

In Mass, when a motorist receives a traffic citation for a moving violation it is either criminal or civil. Speeding is almost always civil. Your only two options at that point are to either pay the citation or request a hearing in front of a clerk magistrate, this must be done within 20 days.

The magistrate listens to the narrative read to him by the court liason officer. Then you get to tell your version of the events. The magistrate then has a few options. He can find the driver responsible (pay up) , not responsible (you're golden) or he may reduce the fine involved or dismiss certain violations on the ticket. In that case the violator must pay for the portion the magistrate fine you responsible for.

if you are found responsible for any portion of the ticket, you have the right to appeal this finding to a judge. At that point, usually, the officer who wrote the ticket is summonsed into court to relate the events to the judge. Again, you are given the opportunity to ask question of the officer and provide your own version of the events. Then the judge decides the outcome. At that point, there are no appeals! Good or bad, that's it.

I always tell friends, get the hearing, always. Insurance is too expensive not to......
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