Speeding Ticket in MA, entrapment?

Hi, I have a NH drivers license. Several months ago I received a speeding ticket in MA, I think it was for 88 (approx) on a 65 mph interstate. The police officer was in his cruiser, hiding down an embankment, WITH NO LIGHTS ON, no interior or exterior lights at all, this happened late at night, when I was exhausted and had to drive several hours home from the airport. I know I was speeding but do not think I was going as fast as he says he clocked me. There were other cars on the road as well that were speeding but I was the unlucky one. I had 2 people/witnesses in my vehicle that can testify to the fact that he was hiding with no lights on. I was stunned and did not ask to see radar, I know I was not thinking! My first question is: Was this a legal stop? Some people have told me that it is entrapment, which I don't think would wash in court, but is it legal for him to hide in the complete dark like that? I decided to try and fight the ticket, I checked the request for court hearing, promptly mailed the summons and have not heard anything back. This is going on 6 months, what should I do? Do nothing? Call NH DMV where I live? Call state of MA where the ticket was issued? I have no ticket # or info., as I mailed it in!? Thanks for your advice!

 

What entrapment? Do you think he should have put out flares and maybe a big sign saying "radar cop ahead"? We all get busted now and then .. so pay the fine and be careful next time. Get a detector .. it may pay for itself.

 

Entrapment would be if he forced you to speed, then issued you a speeding ticket. Hiding out of sight with no lights is permitted, though it might not seem fair to you.

Being tired and a long ways from home is no excuse--if you plan to fight it, you need a better story than that. The friends might be helpful, as might the fact that other cars were there and he could have clocked them, as might the fact that he didn't show you the radar gun. You can also ask for the officer's training and certifications, radar calibration info, etc.

You need to call the court, not the MA or NH DMV. I can't believe you don't know this, or that you can't figure this out. It should be an easy ticket to beat...except you have let six months go by before attempting to follow up. It is now, in all likelihood, a Failure to Appear and there is probably a bench warrant out for your arrest in the state of MA. How stupid are you?

 

I dont know for sure, but I believe in MA the cops are required to have their parking lights on at night. I've always seen them with their parking lights on.

I don't know if that's a law for sure, but I have always heard/believed it was.

But I doubt you will win... the cop will just say he had his parking lights on. You'd have a hard time saying otherwise because the cops word will always be taken over yours, plus if it was night and he was totally in darkness, then how can you "prove" that you saw him with no lights on, if there was nothing to see.

In MA, you pretty much always lose in traffic court unless you have a real, proveable reason to get off the hook.


Your best bet is to negotiate a lower amount with the magistrate (which will be who you see at the 1st hearing), or hope the judge whacks it down a bit. 88mph will be $230 or so... they'll proabably knock $50-100 off and tell you to take it. If you refuse, the judge may uphole the whole amount + court costs.


As for the timeline, you should have gotten something in the mail within 3-4 weeks. If it's been months, then something is definitely wrong. Call and find out - it's lost or it's not, I doubt they will suddenly find it and put it back in process

 

Just did a very cursory search on Google and it says that the "cops must have lights on" thing is a myth.


Couldn't you have done the same search?


It's not entrapment. Plus, 88 in a 65 has ticket written all over it. You can almost always go 10-over without problems, often 15 over is OK too on the highway. Anymore than that and you are really pushing it.

I know folks got tickets for 81 in a 65. If I was doing 88 on any highway, I would assume that there would be a 100% chance of being pulled over and ticketed if I passed a cop. So at that point it becomes - what are my chances of passing a cop (late at night on a lightly traveled highway) rather than "am I going fast enough to be ticketed".

88 in a 65... at night... with tons of cops lying in wait in various places... what were you thinking? Of course you're gonna get a ticket!

And waiting 6 months? Come on man... sharpen up!


They won't issue a warrant in MA for failure to appear, but you will lose the case automatically and won't be able to re-open it. Plus you will be assessed court costs. Your ticket was probably $230 before, I bet it's closer to $350 now with court costs and the late fee.

Better call the district court that has jurisdiction in the city you were pulled over in. Or, call the NH RMV and see if they have an open matter under your name, and if the points from MA are showing on there.

 

Wesley,

First of all, as others have said, this was NOT entrapment. Cops set up speed traps all the time, and they are perfectly legal. You speed, you get clocked by them, they pull you over. That's how it works.

The time to have been asking these questions was BEFORE you paid the ticket. I'm sure plenty of us would have told you to fight the ticket, go to court, talk to the prosecutor and the cop, and probably get the speed on the ticket reduced substantially. Once you've paid the ticket, that's it. You're done. Cooked. It's over. Now forget about it, remember not to speed like that any more, and next time -- if there is a next time -- ask for assistance BEFORE you plead guilty.

p.s. Always keep copies of things like speeding tickets, checks you mailed out to pay the tickets, etc. Sometimes, they come in handy.

 

Yes. And that's better than getting zapped by officers running laser from the woodline in camo!

 

Is this thread about how to wire a Radar detector to prevent future problems? Why is it in the Tech Q&A? Legal technicalities? I am as lost and confused as the guy that started the thread...

 

Now thats funny!!! +1

 

As everyone else said, this is definitely not entrapment, just a cop being sneaky and smart. Just like us drivers do things to fool the Police or try to spot them, they also do things to catch us. It's a cat and mouse game, sometimes your the cat and sometimes your the mouse. Except it.


Mike

 

88 in a 65 MPH zone is a pretty big mouse...

 

+1 on both as well!

Luckily, I just rec'd a warning west of Denver (Eisenhower Tunnel area) on 8/07 for 18mph over & sure enough, on the site below, listed this location. I should have found this site before the incident. I made sure I entered my info. so that others can benefit. Fortunately, my fine was only $52. total.

http://www.speedtrap.org/speed-traps/find/

 

Guys, this is a sock puppet spammer. Note this post in Tech ...

http://ferrarichat.com/forum/showthread.php?t=224574

Same post, different user. Last I heard NH or MA was nowhere near India, the source of the posts.

The pattern is someone does a seemingly legit first time post about traffic tickets, limos or car lift; then a few days later another first time poster answers with a referral to a supplier. The first post is the setup, the second post is the spam.

Rather than just deleting this thread as is usual, perhaps users can be on the lookout for this pattern and report it.