The Devil

I got a speeding ticket yesterday in brockton MA

But I firmly believe i was not speeding.

I was driving through the Brockton community college. which is basically a speed trap.
radar detector, speed bumps, 20 mile an hour posts everywhere.


I drove by two officers sitting in the parking lot. they didn't move.
I was allmost out of the college when i looked back to notice that the cop was right on my ***.
I guess I nervously took a right turn without ussing my directional.

and then he turned the lights and I imediately pulled over. and got my license and registration

He walked up to the car and noted that theere is no inspection sticker and I noted that this is a new car and one is not necessary.

I asked him what he was pulling me over for and he said speeding. and walked back to his car.

He comes back gives me with a written ciation. not clocked on radar for speeding doing a sapposely 40 in a 20. and a noted right turn with out using my directional.

$75 dollar ticket including the bullcrap head injury fund. (what the hell is that?)

which I am pleading not guilty and going to court.

What my odds of getting this dropped?

I ended up going to where I was going in the first place and once I was done I went back to the college to take pictures.

Its just about impossible to do 40 speed bumps all over the place, signs posted everywhere. and lots of curves.

I was also wearing a snow cap and hooded sweat shirt, and I am a white 21 year old I was driving my father's s4 avant with RI plates.

I am guessing cause I was driving through brockton
Ma, in a S4 with snow cap and hooded sweat shirt. that this cop thought something was wrong with the picture. which lead hiim to promptly ride the *** of my car which made me nervous and make a right turn without using a directional.

Speed trap, entrapment, Discrimanation based on the fact that I fit in the 16-25 year old typical speeding bracket.

I have plently of things to mention when I go to court...

But I am looking for some more info on advice.

I actually have a clean record for the past three years except for one speeding ticket which I might be able to get dropped. which is only a 35 in a 25.


Is there a specific law of something of the nature that I can claim against this officer?

Excessive ______ something or another?

whats it like going to court in MA btw?

Thanks
Josh


Btw be nice with the comments. I might print out this post and take it with me to court.

Mirror|rorriM

As in, is it an official MA officer issued ticket? The fine seems way too low for going 20mph over the limit ($75 is the minimum fine). If it is just a Brockton Comm College ticket, you usually don't need to pay those until you graduate.

The Devil

its being sent to

Citation Processing center
p.o. box 199125
Boston,MA 02119-9125

check marked
Hearing request.

Big Nodge

especialy if the court you appear at is in Brockton. I had to appear way out in Western MA and was still by far the most reputable person appearing in court that day. The judge asks everyone how old they are and how far they got in school. Most people are anserwing "22, 10th grade, 19, 11th grade, 23, GED" and such, so when I said I was 21 and a senior in college it helped my case a lot, it would be even more noticeable in an urban area such as Brockton.

With the lack of radar evidene and other circumstances, the officer doesn't seem to have a very strong case. I don't know if I would go the claimed discrimination route though, the court might not have much sympathy for the young male in an expensive car, even if it was your Dads.

The only other thing to consider is whether or not you have to pay court fees and such in a hearing. I am not sure because I was appearing for an outstanding citation and thus plead guilty and they greatly redcued the fine, but I still had to pay $100 in court and victim witness fees, whatever that is.

Hope that helps a little, I say fight it and good luck!

Aaron[MA]

...of getting out of this ticket. First you'll have to go to a Magistrate Hearing - probably at a Brockton courthouse. There will be a Magistrate and a "Police Representative" (actual off. that pulled you over doesn't have to appear at this point). The Police Rep will read and interpret the citation (if he has a copy - I've 2x had them tell me that had no citation and I was "not responsible") Then you have your chance to tell your side.
I wouldn't say anything about discrimination - sounds silly. Just emphasize that you were NOT speeding and that you thought you were getting out of the officer's way after noticing him tailgating you. You could even say that you DID use your blinker (as, at this point, the officer will not be there to contradict).
At this point, the Magistrate will find you either "Not Responsible" - at which point you are all set and free to go - or "Responsible". He can also find you "Responsible" but offer you a lower fine - DON'T GO FOR IT!! If he finds you responsibe at all he will ask if you want to appeal...YOU DO. They will then set another date for your appeal hearing which will be in front of an actual judge.
At this appeal hearing the actual officer that issued you the citation must show up - you have "the right to face your accuser" - if he doesn't show up (and they often don't) they HAVE to find you "Not Responsible" Don't let them try to tell you otherwise if/when the cop doesn't show.
BTW, $75 is NOT the correct fine for 40 in a 20 w/ the head injury surcharge. Mass citations are $50 for the first 10mph over the posted speed limit and $10 for each 1mph above that. The head injury surcharge is $25. Soooo, your citation should have been $175. Don't know what the guy was doing...probably pretending he was "hooking you up"
E-mail me if you have any other questions - as you can tell I've been there a "few" times myself.
ansigmanbu@yahoo.com

HTH,
Aaron

nauticacomp

email me for the link on how to beat a ticket