Commonwealth of Massachusetts: 0 - Asicks2.7T: 1
01-25-2008, 01:48 PM
#12
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This was not the case at the court I went to...
Concord District Court.
There were several officers from local towns as well as state troopers there. With each hearing they called the violator and the issuing officer by name. There were several other people who ended up with the same result as me. The iofficer was'nt present so their ticket was dismissed.
There were several officers from local towns as well as state troopers there. With each hearing they called the violator and the issuing officer by name. There were several other people who ended up with the same result as me. The iofficer was'nt present so their ticket was dismissed.
01-27-2008, 08:19 PM
#16
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Re: <ALMOST> The actual trooper doesn't have to show, they send
In a Clerk Magistrate hearing the officer doesn't have to show.
They changed this "rule" in the late 80's/early 90's.
Once you "pass" ;-(
(or APPEAL the CM decision) you then get one trial in a court in front of a judge.
THAT case, needs to have the officer (or more depending on the type of ticket scenario) to be present AT trial.
No show, means a win for you unless some Pr1ck motions for a continuance to have the officer "show" at another date due to some conflict or scheduling "issue".
IME: no show AT courtroom trial ~95% chance you walk.
Just to clarify:
You get a ticket.
You decide to contest it.
IF you mail it in within 20 days to the address on the citation..........in MA.
PART ONE of a possible TWO step process:
YOU get a "court" date in front a Clerk Magistrate. You'll most likely get a $100 "deal" OR found responsible.
IF you APPEAL (and sometimes PAY $20) the CM decision to a judge:
You get ANOTHER "court date", this one a TRAIL, in front of a judge.
This one is binding............so be prepared.
Free history from a NOT an attorney AW poster.
-Scott by BOSTON
They changed this "rule" in the late 80's/early 90's.
Once you "pass" ;-(
(or APPEAL the CM decision) you then get one trial in a court in front of a judge.
THAT case, needs to have the officer (or more depending on the type of ticket scenario) to be present AT trial.
No show, means a win for you unless some Pr1ck motions for a continuance to have the officer "show" at another date due to some conflict or scheduling "issue".
IME: no show AT courtroom trial ~95% chance you walk.
Just to clarify:
You get a ticket.
You decide to contest it.
IF you mail it in within 20 days to the address on the citation..........in MA.
PART ONE of a possible TWO step process:
YOU get a "court" date in front a Clerk Magistrate. You'll most likely get a $100 "deal" OR found responsible.
IF you APPEAL (and sometimes PAY $20) the CM decision to a judge:
You get ANOTHER "court date", this one a TRAIL, in front of a judge.
This one is binding............so be prepared.
Free history from a NOT an attorney AW poster.
-Scott by BOSTON
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