Next time I see you ask me about the time I got pulled over on the Mass pike westbound... That cop actually got in trouble for what he did...

 

Yeah little town cops have basicly nothing to do compared to a large city like New Bedford

Ask me about Mendon too

 

Well if what you say is true, I'm glad!

Maybe we can discuss it at the dragon :nudge: :nudge: oke:

 

Maybe we will

 

Better be. there will be alot of pissed of EJ's in the Elctronics forum if you don't show. Let me know if your dad won't be coming, because I will be looking for a roomate. I promise to keep the to a minimum and I don't snore.

 

Ok sound like a plan oh and ditto... as long as I don't drink to much that is otherwise..well you know ... but i don't snore

 

my last ticket i went to fight, and the frigan cop didnt even show up, and the guy doing my hearing wouldnt listen to any valild argument i made ( i had lots of good ones too) and he bascially reduced the fine 80 bucks to 100$ and still my insurance went up (first ticket in 6 years)

in any other state they would throw the ticket out if the cop didnt show. just another reason i hate this state.

 

If that was the magistrates hearing, the cop doesn't have to be there. If you would have appealed the magistrates hearing to the judge, the cop would have to be there or you get off.

 

You do not need to be a lawyer to use the law to successfully defend yourself.

I was given a ticket for driving 45 MPH (the police officer wrote the ticket for 40)in a posted 30 MPH zone along and a seat belt violation. I successfully contested the ticket.

The following was my defense:

1) The road was improperly posted. The MUTCD specifies speed limit signs must be
placed in the right side of the road in full unobstructed view. The speed limit sign on
the road I was stoped on is on the left side of the road at the point in the road where it curves slightly left. The sign was both on the wrong side of the road and obstructed.

2) I obtained a copy of the speed regulation enacted by the city that set the speed limit at 30 MPH. It was not approved by MassHighway , had no backup traffic studies that could be found and was 26 years old. In order for the speed limit to be enforceable it must have MassHighway approval , Traffic studies must be completed and updated every 5 years if there are changes to land use or traffic flow.

3) The basic premise of the Mass. speed law is that no motor vehicle shall be operated at a rate of speed that is reasonable and proper and that speed limits should be posted not more than 7 MPH below the 85 percentile speed of normal free flowing trafic. I timed 20 cars and came up with an 85th percentile speed of 48 MPH for the road. I asserted I was obviously traveling at a reasonable and proper speed.

I took pictures , made copies of all the appropriate regulations and laws and submitted them as evidence. The representing police officer was not aware of
almost all the regulations and laws. The Magistrate suggested to him that he familiarize himself with the evidence I was submitting. He only briefly looked
at what I submitted. When I was done the Magistrate indicated to me that I had presented my case very well and gave the officer another chance to add any information.

First the officer who was now upset and aware the the magistrate was accepting my argument aserted I was in a school zone which is 25 MPH. My counter was I was stoped on a saturday and if he looked at the pictures where I was stoped was
at least 1000 ft. after the end of school zone sign.

Secondly the officer then asserted it was a thickly settled area and was also 25 MPH. I countered that the Prima Facia speed for a thickly settled area was 30 MPH and that the distance between buildings did not meet the definition of thickly settled. And that in order to be guilty of speeding in a non posted 30 mph. zone I would need to be observed traveling gretaer than 30mph. for a distance of greater than 660 ft. and that clearly on the ticket I was only observed on Lidar for 300 ft. The police officer was by this time very upset and would no longer look at me.

When we both finished our arguments the magistrate would not make an immediate descision and gave the city 3 days to come up with some kind of law or statute that would allow him to enforce the 30 MPH sign and that i would be informed of his decision within 10 days.

I received a letter in the mail a week later indicated I had been found not responsible and the commonwealth chose not to appeal.


I truly was not aware that I was speeding as I never saw the sign and felt I was traveling at a reasonable rate of speed. I have the utmost respect for police officers and 100% support the enforcement of the laws with dangerous or reckless drivers. I do not have any respect for blatant revenue generating speed traps.


I was very pleased that I could actually use the law in my favor but do consider myself lucky to have been found not responsible. The last time I was stoped for speeding was 16 years before the above incidence.

 

They must do things alot differently in other parts of the state if the officer got upset when he saw you had a valid point. I don't see many guys I work with taking a speeding ticket to heart If you hadn't gotten a ticket in 16 years I am surprised he even gave you more than a warning to begin with. I really chuckle at some of guys in my line of work who take traffic violations like they are personal or something. Even if the speeder (or whatever) presents a valid excuse in court, the officer is getting overtime for showing up so what has HE lost?? Strange.

Is it the consensus that most of these crazy ticketing procedures are taking place in towns and not cities?