speeding ticket court experience from today. I think my rights were violated...(long)
12-13-2006, 04:52 PM
#12
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I have been told at one point that an officer from teh same dept has to be present...
ie any state police officer can be present for anotehr and for town officers someone from that town must be present.
12-13-2006, 05:18 PM
#14
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from my experices with tickets in other states, and fighting the, have had a ticket
IN NY, CT, NJ, MA, NH and VT all places cop didnt show and all times that was what iwas told..
12-13-2006, 06:44 PM
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Re: elaborate as my ticket was based on radar...
At the CM hearing the magistrate hears the citation read from a "representative".
Usually its the Department rep/officer. They just read from the citation. Its usually never the citing officer.
You got what a CM hearing can be.
Your judge date will be more "normal" but you need to prep before hand.
If you don't even have the info on the back of the ticket yet, you have a long way to go.
While an attorney may not be a bad idea, you still can get screwed if the guy isn't a traffic attorney and knows the "rules"......
Otherwise you want the guy who golfs with the judge.
Lots to do my man. Do you have the officers' notes?
Also, know what you said at the CM was probably written down to be used against you later.
-Scott by BOSTON
Usually its the Department rep/officer. They just read from the citation. Its usually never the citing officer.
You got what a CM hearing can be.
Your judge date will be more "normal" but you need to prep before hand.
If you don't even have the info on the back of the ticket yet, you have a long way to go.
While an attorney may not be a bad idea, you still can get screwed if the guy isn't a traffic attorney and knows the "rules"......
Otherwise you want the guy who golfs with the judge.
Lots to do my man. Do you have the officers' notes?
Also, know what you said at the CM was probably written down to be used against you later.
-Scott by BOSTON
12-14-2006, 04:26 AM
#16
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Like others have said, the actual officer who wrote the citation need not be there
for a magistrate hearing but if when it goes to the judge appeal hearing, he/she will have to show up. If he/she doesn't, then the case is dismissed.
As far as representation from the same district, I'm not sure about that. The officer present in the room is there to hold peace (in case the defendant gets violent) and to read the charges that are stated on the citation. They usually don't know anything about the citation written, they're just reading it to you as they see it there.
Magistrate hearings aren't done in court rooms...they're usually done in a small office, with an officer present to read the charges against you and then magistrate to preside over the case. When you see the judge for the appeal hearing, then you'll be in the big room
Definitely try and get a lawyer to represent you when you go back at the end of Jan to appeal your case.
I was pulled over this past summer for a legal no left turn between certain hours on a weekend. Those rules only applied Mon-Fri but I asked the officer who wrote it up if it was legal on weekends, since its not rush hour. He said, nope, 7 days a week. Appealed that citation and was brought into Brighton District Court. Sat in a small room with an officer who read my charges and the magistrate.
As far as representation from the same district, I'm not sure about that. The officer present in the room is there to hold peace (in case the defendant gets violent) and to read the charges that are stated on the citation. They usually don't know anything about the citation written, they're just reading it to you as they see it there.
Magistrate hearings aren't done in court rooms...they're usually done in a small office, with an officer present to read the charges against you and then magistrate to preside over the case. When you see the judge for the appeal hearing, then you'll be in the big room
Definitely try and get a lawyer to represent you when you go back at the end of Jan to appeal your case.
I was pulled over this past summer for a legal no left turn between certain hours on a weekend. Those rules only applied Mon-Fri but I asked the officer who wrote it up if it was legal on weekends, since its not rush hour. He said, nope, 7 days a week. Appealed that citation and was brought into Brighton District Court. Sat in a small room with an officer who read my charges and the magistrate.
12-14-2006, 02:45 PM
#18
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First trip to court is a hearing with a magistrate and officer is not present; second trip is court
with a judge and if the officer is not present you win.
The experience that you had was typical and appropriate (in general). Go to court with a case prepared and hope the cop doesn't show!
The experience that you had was typical and appropriate (in general). Go to court with a case prepared and hope the cop doesn't show!
12-15-2006, 05:24 AM
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Sounds like you've kicked the hornets nest (and everyone should read link!!!!)
Tickets are rarely dismissed in the hearing. It's more of a formality. But i'm sure the court is not looking favorably on you now. They think you are a pain in the *** now....as soon as you said "I know my rights". You have rights but they don't like someone coming in and acting like that. I'd say get a lawyer or pay it at this point. Given your ignorance of how the system works (and i'm not breaking your *****....you just haven't been through this so you don't know the drill) and the fact that you've already pissed of the court, i'd say you don't have a chance on winning without a lawyer. And you won't win by saying that you weren't going that fast or your car is silver. You have to win on a technicality like the cop doesn't show, or you request radar gun logs, road survey studies, etc. and the state never provides them.<ul><li><a href="http://motorists.org/ma/beat.html">http://motorists.org/ma/beat.html</a</li></ul>