yes it does matter. The first time you go the officer does NOT have to be there, but if you appeal it again they DO have to show up. If they dont you are automatically found not responsible. i know cause its happened to me.

 

If that was the case, then the appointed officer would get grilled on the stand. I can question the officer all day long on how well he remembers the surrounding, the weather at the time the ticket was issued...blah blah and their ground isn't gonna hold well.

 

I just beat a speeding ticket this week in front of the judge, with the officer showing up. Basically, I decided on my argument, typed up my points, practiced reading it out loud, refined it, then CALMLY AND SLOWLY, confidently read it to the judge.
By the sound of your story, I suggest maybe something like, "the definition of safe operation is to perform in a manner likely to not cause a collision, injury, or property damage(use a dictionary to find an accurate definition of safe operation). In this case, I used sound judment in maneuvering through traffic, not causing a collission, injury, or property damage. I believe that this situation, not resulting in any kind of collission, injury, or property damage, puts the accusation of unsafe operation beyond reasonable doubt, so in this case I should be found not responsible for this citation.
Best of luck to you!

 

By the way, MA law is that for the first hearing in front of the magistrate, a representative from the dept has to be present for the hearing. Generally they always drop the fine by about half, or to the minimum for the infraction, but still kills your insurance. If you appeal, then you go in front of the judge, which the citing officer has to be there personally himself. I have beat one ticket that way years ago, the cop didn't show up for the judge, instantly thrown out.

 

Get a picture of the scene, use the officers testimony against him. ask the officer where exactly on the road (distance from your turn) did he notice you. what speed was he going. Knowing distance and speed you could calculate the time you had before the officer got to you. Since you state he suddenly accelerated, ther very instance he saw you, you could question the officers action just as much as he questioned yours? The officer has a presumed since of believability over any person he tickets in the face of a Judge(which this ***** will flaunt to a sickening degree) which will be difficult to over come. Ague your case through a traffic lawyer that way the magistrate will see them on equal grounds . Good Luck

For speeders... If you really want to be REALLY **** and detailed. Request by a certified, Notarized leter a copy of the software code itself, the FIRMWARE, (the software burned onto the circuitry) of the radar gun used by the super trooper. Who is to argue there is no programming bug in the sw that would artificially inflate the reading(think did the state go over every line of code? Is there some certification process for computer code used in a court of law ) By law the state must comply as they must make all materials used in the case agianst you, for the defense - BUT as the SW is proprietary property of the Radar gun manufacturer itself (thus the company by law is protected from prosecution if they do not hand it over), no company would in their right mind give this software code to a state or an individual (would destry their buisiness as competitors would get a hold of it) so the company will not give this software to the state, thus the State's hand would be tied and thus they can't meet your request. Since the state can't meet your request, it will look bad on their part as one could argue that your defense is diminished by this and the magistrate can not get around this fact - result is the case is thrown out

 

HOW THE **** CAN THAT WORK?!?!? YOU HAVE THE RIGHT TO FACE YOUR ACCUSOR! Justice is NOT blind! How in the hell can the office that DID NOT ticket you testify? Most states...the officer that operates the radar gun is the one that has to appear, if he is not the issuing officer. What a crock. Speeding Tickets: An Educated Guide to Beating and Avoiding Them by Richard Wallace the III. Reminds me...I need to delay my court case.

 

HOLY **** DOES THAT WORK???!?!?!?!??!?! Have you done that before????

 

Yes it does. I had to represent my friend who got pulled over by a gold colored unmarked crown vic at a gas station, took his beer he just brought and gave him a bullshit traffic ticket.
I told him to check and sign the supporting deposition box on the back of the ticket. Cop showed up in court, prosecutor wants to delay the case after I told him the supporting depositon hasn't been received and it's past 30 days already as stated on the back of the ticket in which they have to respond by.
I told them no, enough games and I'm only dealing with the judge from now on. As the court went into session, stated the charge, the reason why this isn't justified and that the prosecutor wants to delay the case costing me additional time. The judge dismissed the charge and off we went out of the courtroom.

60% of the time with NY state poopers, they will send supporting depositon. Those who rarely send it are town and county cops.

Always delay traffic court cases, it costs them time and money and really messes up the scheduling of the ticketing officer to appear.

Hell I got no front plate ticket and obstructing rear plate ticket from the same state pooper, delayed it twice. 5 years later still nothing.

Also one speeding traffic ticket in which I like to call this state trooper a "cowboy" because he was acting like he has 2 guns in his hostlers and like was high at the same time. Well over 7 years ago this happened and no court date. I'm thinking he either got fired, transfered upstate or quit the force.

I do know this was for a court that wasn't more than a year behind in it's cases.

 

Your driving record is usually a good indication of if you will win or lose sometimes. Granted it shouldn't matter for each case but if it's pages long they figure you must be guilty. Jay had some very good suggestions on what to do when you goto the hearing. Spell it out to them using their language. It might work and it might not. Year ago I got a ticket for going through a red light. Made it all the way up to the judge and each of us told our story. The officer said that the light was red for at least 20 seconds before I went through (WTF!). I pointed out that 20 seconds is a long time, it would have been stupid to drive through an intersection without stopping that long after the light changed and it probably would have been almost green again at that point. The judge said "I agree..... guilty".

I forgot to renew one of my inspection stickers so I got a ticket for that and no front plate in Feb. It sent it in for an appeal and then found that expired inspection stickers no longer go against your insurance. I think I'll just pay the ticket before the hearing that day. I don't want to use up my "free ride" coupons for a ticket that won't give me any points.

Good luck!

 

This was the first delay, I'm mailing the request tomorrow (should get it...as the current date is set for may 4th...incident happened Feb. 25th). MD is semi on top of it...but with being an accountant...I haven't had time for discovery, which will start after I get my continuance. I'll have to try that **** out...I was already planning on getting all radar unit documentation, as well as all the documentation for every unit in the dept., FCC liscence ect, unit check in and out logs, operators manual, officers notes, officers qualifications, ...ect. ect. basically be the biggest pain in the *** I can be without being ignorant...hoping they don't comply and I ask for a dismissal. This is a town clown so...likely hood. Oh also, if he radarded me...and marked the arrest type as "marked car" is that loop hole to exploit??? Thanks for the info! Firmware, here I come!

 

What!!! Sticker tickets dont go on your insurance anymore!?!? I have soo many points because of those.. where did you find this information?

 

That's what I was thinking, if you took those off, I never would have made it to 35 driver points back when lol

 

I read it here -

http://www.mass.gov/legis/bills/house/ht01/ht01559.htm

The Commonwealth of Massachusetts

IN THE YEAR TWO THOUSAND FIVE

An Act RELATIVE TO AUTOMOBILE INSURANCE SURCHARGES.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 113B of chapter 175 of the General Laws, as most recently amended by section 12 chapter 213 of the acts of 2004, is hereby amended by inserting at the end of the twelfth paragraph the following sentence:- “Driving a motor vehicle that has an expired inspection sticker shall not be considered a surchargeable incident.”

 

That was one of my biggest problems on my first car too, the exhaust, tint, etc made a sticker impossible. You think you can get it taken off if it's already on there?

 

I'm not sure about that in your state but for NY state, if an unmarked car pulled you over and gave you a ticket, that's an sure fire dismissal in court.

It's illegal for an NY officer to pull over an motorist unless it's an DWI/DUI or felony arrest.

This bill was signed into law (in early 2000 or so) due to a girl who was like early 20's and she got pulled over by a cop car which looked like a unmarked NYS trooper, got raped on the spot, then got knocked out and the fake cop left.
Only to get caught later doing an similar thing which occured to this girl but she called the police from her cell phone and the police told her to keep driving the speed limit while 2 marked cars were enroute. About 10 mins or so later, the 2 marked cars boxed in the unmarked car who was following her while the 3rd one came on the spot, the takedown was about to launch and the 3rd car escorted the girl to a block down the road while the 2 marked cars boxed in good on the unmarked car and arrested the person. After that happpened, the police contacted the girl from the first known case and confirmed it was him. The end result? He's in jail now for a good while on a quite a few serious charges.

If this occurs, just drive the speed limit to the local police station or into a well populated area for safety, call the police as you wish with a cell phone for additional support.

 

Try it with a razor blade

The old blue printed NYS inspection stickers were easy and known to fall off sometimes.
I moved mine twice by pulling lightly on it and relocating it. It has this X or so like precut in it to break it if it's attempted to be removed but the adhesive isn't strong enough to break it.

Now they came out with stupid yellow ones which supposed to be better for inspection stations but they scrapped it a while ago after the NYS DMV introduced it. It was designed to make inspection shops less busy at the end of the month but some objection occured which caused the DMV to scrap it and now make all of them valid til the end of the month punched out.

It had 3 top punch outs for like inspection between day 1-10, 11-21, 21-31 of the month, now it's no good.

http://www.nydmv.state.ny.us/stickexp.htm

 

I think he meant the ticket off of his record ha

 

****UPDATE***** I contacted the Massachusetts Merit Rating Board to see if this is the case, and if it can be used to remove prior violations. They had no idea what I was talking about, so I gave them the URL since it's straight from the Commonwealths site. They said it was "just a bill and hasn't passed". I was confused because that site says "IN THE YEAR TWO THOUSAND FIVE", Bill #3338 of 2003, and of the acts of 2004 so I have no idea if it did pass and the woman was full of it, or it's still waiting or what.....

 

Yeah, I tried to delay it...it got sent back request denyed. First request and just after working 3.5 straight months of 6 day weeks and absolutely no time to do my homework on getting the info I need yet I'm sure there are other scumbags that get postponements all the time. If I want to "miss" my trial date, I'll have to send in a deposit of 145 (the amount of the ticket) and hope they reopen the case.

 

I also called them yesterday. The guy I talked to had no clue what I was talking about when I mentioned this bill. I also called my insurance company today. I know one of the girls over there pretty good so she is going to look into this for me.

I did find that the step system in MA has changed. They no longer use steps 9 to 35. It's now based on other numbers that I would need to read about to get what they are doing. This will benefit people that are a step 9 or 10.