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If you have been pulled over and cited for speeding your first inclination may be to just pay the fine and put the situation behind you. This is not always the best option. If you pay the fine you are admitting guilt! This could affect your driving record for years and have a number of unintended consequences. These consequences may be avoided by appealing your ticket.
Why should I appeal my speeding ticket?You should always consider appealing a speeding ticket in Massachusetts. A responsible finding on your driving record can have long lasting effects. If you pay the fine and admit guilt the speeding ticket will be entered onto your driving record. If you are an out of state license holder Massachusetts may also report it to your licensing state. This entry on your driving record can affect you in a number of ways including:
These consequences may be avoided through a successful appeal. You should speak to an experienced attorney to assess your driving record and the circumstances that led to your ticket. You should speak to an attorney as soon as you receive the ticket because there are strict timelines in appealing.
What is the process to appeal my ticket?If you decide to fight your Massachusetts speeding ticket you have only 20 days to appeal your ticket. If you don’t respond to a ticket within 20 days, you waive your right to a hearing and will be charged late and release fees in addition to your fine. In order to appeal you will need to complete the following steps:
Clerk Magistrate AppealOnce your request has been processed and your court filing fee has been paid, the court will schedule your hearing and will notify you of the date and time of your hearing by mail. The initial hearing will be held in front of clerk magistrate in the district court. At that hearing, the police officer who pulled you over will likely not be present. Instead a police prosecutor will read the officer’s report and you will be given an opportunity to present your case. It is always helpful to have an experienced attorney with you at this hearing to present your case in the best light possible. The clerk may find you not responsible, reduce your fine or find you responsible. If you are found responsible you may appeal the clerk’s decision to the judge in the same court.
Appeal Before the JudgeIf you appeal your ticket to the judge be aware there will be a full hearing in the courtroom. The officer who pulled you over will be present. He will testify, under oath, to his observations. You are able to cross examine the officer, present evidence of your own and make a statement on your behalf. It is strongly recommended that you have an attorney for this hearing. Cross examination is a specialized skill that attorneys develop over years. This hearing can be dauting for a person without courtroom experience. An experienced attorney will understand the legal defenses in your case and will be able to present them effectively to the judge. The attorneys at DelSignore Law have extensive experience in addressing driving offenses and will be more than happy to answer any questions about your appeal.
Do not let a speeding ticket ruin your driving record.
Call DelSignore Law anytime at 781-686-5924 to discuss your case.