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Old 03-13-2011, 09:14 AM   #11
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Re: MA traffic court defense?

I would ask if the already paid costs be credited for the ticket since further fines are compounding the punishment you already received and seems unjust.
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Old 03-13-2011, 09:42 AM   #12
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Re: MA traffic court defense?

Yeah, I think that may be the only thing I can really use. I've already paid well over the ticket amount.
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Old 03-14-2011, 05:53 PM   #13
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Re: MA traffic court defense?

I think your best defense will be if the ticketing officer doesn't show up for court. I was ticketed several years ago in NC and the officer didn't show up for court. The judge was clearly upset with the fact that the officer didn't show up and dismissed the case. According to the law you are supposed to be presumed innocent until proven guilty, point that out to the judge and let him know the state has failed to prove their case. If the officer does show up for court, maybe having some specific questions about the circumstances leading up to the ticket might be helpful, because he's not going to remember the details of this particular ticket after over two years. I think most police departments are required to check and keep a log of the calibration of their radar equipment daily so you could ask and if so ask for evidence that the equipment had been tested and calibrated recently. If the officer doesn't bring such evidence to court this may get you off. GOOD LUCK!!
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Old 03-14-2011, 10:36 PM   #14
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Re: MA traffic court defense?

For reference that is likely not valuable in this particular instance;
I have a friend who recently became a cop. He's told me a lot of things about speeding tickets and the like. Perhaps most important is what he "sticks to." What I mean is this-
He always pulls over for 15 over the posted speed. He always tickets for 25 over. All police departments have to place a strong emphasis on consistency. If not, police could be seen as "going after one guy and not another for the same crime."
As such, there's a record available (not sure where, need more research, I'll ask my friend) of every ticket the cop ever wrote and why. That can be very valuable if for instance you got a ticket for 10 over when the cop has never written a ticket for 10 over. Then you could say you were targeted, etc.
In your case, I don't think it will help much, but good to know for future reference. It would be worth finding out what kind of tickets the guy writes. If he never writes speeding tickets, you'd have a leg to stand on.

Once again, I second the documentation of the states' error already and receipts for paid fines, etc. Not to mention your added expenses for travel, etc. All on paper. That's a huge one. If you can find something written down that says the state made a mistake, you'd be okay. Better yet, with this defense, you don't have to make the judge think you are wasting his time by trying to get off on 24 over. Don't admit anything, obviously, but it will help.
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Old 03-15-2011, 05:03 AM   #15
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Re: MA traffic court defense?

I think that's what I'm going to do.

I appreciate all the help in here...any other thoughts, keep 'em coming.
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Old 03-16-2011, 05:57 PM   #16
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Re: MA traffic court defense?

You could engage the judge's wife in an affair. Then to prevent you from going public, he will probably let you off.

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Old 03-17-2011, 09:12 AM   #17
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Re: MA traffic court defense?

Your only chance is to prove the car was not red and very clearly not red. And like was said provide physical evidence as to the color high res photos, registration and if you have it the original purchase documents. Don't argue the sedan thing it won't hold.

What exactly were you driving at the time of the ticket? Was the location of the Offense listed on the ticket.


Tbh you may be very screwed.
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Old 03-17-2011, 02:12 PM   #18
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Re: MA traffic court defense?

Quote:
Originally Posted by philip1 View Post
Your only chance is to prove the car was not red and very clearly not red. And like was said provide physical evidence as to the color high res photos, registration and if you have it the original purchase documents. Don't argue the sedan thing it won't hold.

What exactly were you driving at the time of the ticket? Was the location of the Offense listed on the ticket.


Tbh you may be very screwed.
also take a pic of the RPO code in the glovebox to prove it has always been whatever color you have so they cant say well you repainted it.
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Old 03-17-2011, 03:26 PM   #19
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Re: MA traffic court defense?

Quote:
Originally Posted by philip1 View Post
Your only chance is to prove the car was not red and very clearly not red. And like was said provide physical evidence as to the color high res photos, registration and if you have it the original purchase documents. Don't argue the sedan thing it won't hold.

What exactly were you driving at the time of the ticket? Was the location of the Offense listed on the ticket.
The color was the same, that's why I think it was possible for the officer to mistake my car for another. If the color was very different then I wouldn't even consider that (unless the officer put the wrong color on the ticket too, but he didn't). I really don't think the wrong car defense will work.

I was driving a dark blue 2008 VW Rabbit. The location is listed on the ticket.
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Old 04-07-2011, 08:46 AM   #20
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Re: MA traffic court defense?



Went with "I've already paid quite thoroughly" and the magistrate agreed...it's finally over and today's $25 hearing fee was the only additional payment I had to make.
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