In the Commonwealth of Massachusetts, if you receive a traffic ticket, it could have an adverse effect on your driving record with the Registry of Motor Vehicles (RMV), you could be facing a potential license suspension, the possibility of having to take driver safety classes from the RMV, an increase in insurance rates, and hefty fines and fees.
However, when you receive a traffic ticket, you can decide to fight the ticket. There is a process to appeal a traffic ticket in Massachusetts. You can have legal representation to represent you on traffic violations in Massachusetts. Attorney David Ellison is a traffic offense lawyer, who has represented many people on traffic offenses in Massachusetts.
What is the Process to Fight a Traffic Ticket in Massachusetts?
When a police officer issues you a traffic ticket, you can fight the ticket. You can appeal the ticket by mail or online. It is important that you do it within the timeframe stated on the ticket to avoid being found in default. It costs $25 to appeal your ticket. This fee must be paid when you appeal.
You will receive a date for a Magistrate's Hearing at a local courthouse. A Clerk-Magistrate will conduct the hearing and a police officer will be present from the police department that cited you. At this hearing you have the right to be represented by an attorney. Attorney David Ellison is a Massachusetts traffic ticket lawyer who has represented numerous clients at Clerk-Magistrate hearings for traffic tickets.
The Clerk-Magistrate will be looking at whether the police can prove that you more likely than not committed a civil motor vehicle infraction. They will look at evidence that the police present and evidence that you may have on your behalf.
The Clerk-Magistrate can decide to find you responsible or not responsible for each traffic offense. You can also in some circumstances ask the Clerk-Magistrate to reduce the fines and fees.
If you don't agree with the Clerk-Magistrate's decision, you can appeal their decision to a District Court judge and have another hearing where the judge will decide the outcome. On the flip side, the police can also appeal the decision to a judge if it went in your favor. You can be represented by an attorney at this proceeding in front of the judge as well.
Can My License Get Suspended from Multiple Traffic Tickets?
In Massachusetts, the RMV can suspend your license if you have received multiple traffic tickets for a combination of major criminal and/or minor civil motor vehicle offenses. These suspensions are mandatory by law, and you cannot receive a hardship license while your license is suspended.
Three Speeding Tickets: If you are found responsible for three speeding tickets within a 12-month period, your license will be suspended for 30 days. See Massachusetts General Laws Chapter 90 Section 20.
Three Surchargeable Events: If you are found responsible for three surchargeable events within a two-year period, the RMV will send you a notice of a potential suspension. You will have 90 days to complete their driver retraining course. If you complete this course, your license will not be suspended. If you do not complete the driver retraining course, your license will be suspended until you complete the course. If you are found responsible for another surchargeable event and two of your previous violations were within a three-year period, you will be given a new notice of another three surchargeable event suspension. See Massachusetts General Laws Chapter 175 Section 113b.
Seven Surchargeable Events: If you are found responsible for seven surchargeable events within a three-year period, your license will be suspended for 60 days. See Massachusetts General Laws Chapter 175 Section 113b.
Habitual Traffic Offender: If you have three major moving violations or 12 major and minor moving violations combined within a five-year period, your license will be suspended for four years. (A surchargeable accident does not count in this analysis). See Massachusetts General Laws Chapter 90 Section 22F.
Whether you or a loved one has been issued a traffic ticket in Massachusetts, it is important that you work with a Massachusetts traffic offense attorney early on. Do not hesitate to contact Massachusetts Traffic Ticket Lawyer David Ellison today at 401-230-5520.