| Author | Message | ||
| Faisal Khan (Tvrfreak)
Member Username: Tvrfreak Post Number: 811 Registered: 3-2003 |
Richard, lol!!!! Based on a cursory google search, I believe trial by written declarations are allowed in Mass. Can't you call the court and find out? Let us know too. Thanks, Faisal. | ||
| Richard Ward (Lomotpk)
Junior Member Username: Lomotpk Post Number: 87 Registered: 5-2003 |
Mom? is that you? Oh, its only Kenny! Sorry Kenny, I thought you were my Mom. OK I promise not to use my 360 HP/2500 lbs turbo-charged ass-engined kraut-slot-car to go over the posted speed limit. Now, does anyone know if a "Trail by written declaration" is possible for a traffic offence in Mass? | ||
| Erik R. K. Jonsson (Gamester)
Member Username: Gamester Post Number: 366 Registered: 11-2000 |
I got a withheld judgement 2 weeks ago in Idaho using the paperwork from casedismissed.com The judge allowed me to leave and said he would review the cases I presented. So far I have not heard back from him. In my case, the officer didn't check his radar right after the citation with his fork. Now to fight the pacecar one I recently got in Cali. | ||
| Kendall Kim (Kenny)
Member Username: Kenny Post Number: 498 Registered: 9-2001 |
The best ticketkiller I have found is to STOP speeding... A few observations I did notice are the following: A) Cops tend to hide in areas where there is a potentially high probability that speed might cause an accident, such as an area where the speed limit decreases due to a lot of merging traffic ahead, or areas with blind spots where speed can decrease your reaction time due to something up ahead, or roadways that cause a high number of accidents because of fog or inclement weather.. B) Cops tend to give more tickets during the end or the beginning of the month, depending what date their quota for the month ends... C) Cops tend to have massive speed traps every couple of months in areas where everybody is speeding due to false sense of security.. for example a 45mph zone on a wide straight two lane road... D) Cops tend to patrol the highway more during fast moving rush hour traffic or sunday afternoon when weekend getaway drivers are returning home... | ||
| Stephen E. Schroeder (Seschroeder)
Junior Member Username: Seschroeder Post Number: 75 Registered: 4-2002 |
I have been told that while the officer using a radar gun doesn't need a FCC license the city/town that owns the gun must have a license. This is much like a radio station license for an aircraft. If true, might make an interesting defense based on the fact that the gun was used illegally. Anyone have a handle on this? | ||
| Jerry W. (Tork1966)
Member Username: Tork1966 Post Number: 886 Registered: 7-2001 |
I just beat one this morning, 73 in a 55. The cop decided to let me go when he found out I had a clean record (his computer in his car was not working at the time). Plus I showed him my engine and he was really impressed. I fight every one that I get, why not? | ||
| TWS (Au_fan)
New member Username: Au_fan Post Number: 30 Registered: 5-2003 |
I have to agree with Doody's wife's comment concerning pissing off judges. From my experience (and I'm not a lawyer) but during my younger, more prone to speeding excessively days I took 6 tickets before judges. Resulted in 4 wins with officer present, 1 win with officer not showing, & 1 loss. With an average of two appearances per citation, this gave me an awful lot of time watching others attempt to get out of tickets waiting on my turn in the barrel. I watched an awful lot of people lose their cases when trying to wrangle through using legal issues or challenging the technology used to record their speed. More often than not, these stratgies resulted in irritated judges and smirking prosecutors. In the time I spent in court, there only seemed to be three ways to win. 1. Prove the officer's claim was not physically possible given the circumstances; 2. Prove the officer isn't exactly telling the truth with some of his/her testimony; 3. Prove that you were caught in a speed trap where the officer was targeting every car rather than confirming speed observed visually (this one works in CT, not sure about other states). The vagaries of traffic court seem to ensure guilt until proven innocent, and there doesn't seem to be a whole lot of latitude given to the defendent with repsect to the alleged incident or the actual laws. TWS | ||
| Jean-Louis (Jlm348)
Member Username: Jlm348 Post Number: 638 Registered: 11-2002 |
In Ca. It is called a trial by written declaration. I have used it many many times. Basically you fill out a form listing the facts and your points and authorities and mail it in of hand deliver it with the bail amount. The judge then reviews the info and asks the police officer to prove everything that you have asked him to prove. if the officer does not prove everything of does not respond to the letter you win. If you loose then you can file a trial de nuovo, which means that you actually appear in court. | ||
| Mr. Doody (Doody)
Intermediate Member Username: Doody Post Number: 1571 Registered: 11-2001 |
richard - i have never ever heard of a written appeal process. that doesn't mean it doesn't exist in MA, but i've never heard hide nor hare of it. doody. | ||
| Richard Ward (Lomotpk)
Junior Member Username: Lomotpk Post Number: 86 Registered: 5-2003 |
Obviously the majority of the "go to court" strategy is the hope that the cop does not show up. However, the downside is the need to invest in an average of two court appearances (registrar, then appeal in court)before finding out if the cop is there or not. My real interest in this site is in the use of the Written Appeal process as an alternative to making in-person (6 hour round trip from my house) appearances. Doody, do you know/does your wife know if Mass uses this written process? Thank you in advance. | ||
| Faisal Khan (Tvrfreak)
Member Username: Tvrfreak Post Number: 800 Registered: 3-2003 |
Please post the attorney's opinion as well!  | ||
| David Stoeppelwerth (Racerdj)
Member Username: Racerdj Post Number: 353 Registered: 1-2003 |
I passed this along to an attorney dealing with my son's third ticket and will post his opinion. | ||
| Ken Ghiringhelli (Kenny94945)
Junior Member Username: Kenny94945 Post Number: 72 Registered: 12-2002 |
Well, I read two responses that indicate that a traffic judge will somewhat close his ears to applications of law. We allow this kangaroo court? No appeal process either? Of course the patrol officer will be paid overtime to show up in a court instead of risking his life on the streets where there could be gun fire or rape. | ||
| Don Norton (Litig8r)
Junior Member Username: Litig8r Post Number: 207 Registered: 6-2001 |
What an incredible load of crap! You read some script to a traffic court judge and he'll laugh, then find you guilty, then laugh again. | ||
| Mr. Doody (Doody)
Intermediate Member Username: Doody Post Number: 1569 Registered: 11-2001 |
there's another one too - something like "ibeatmyspeedingticket" or something like that. i've researched both. have never used them per se in a courtroom setting. they do look interesting. my wife is an attorney in MA, and she says that a lot of the legal issues these "systems" bring up would really piss off a judge. that may be true, but some of the legal issues they mention are interesting reads. my brother in law used to do some traffic court judging in RI - i should ask him about this stuff. doody. | ||
| Martin - Cavallino Motors (Miami348ts)
Senior Member Username: Miami348ts Post Number: 5645 Registered: 5-2001 |
sounds good though! | ||
| Richard Ward (Lomotpk)
Junior Member Username: Lomotpk Post Number: 84 Registered: 5-2003 |
Got a ticket in Western Mass (Lime Rock) |