Massachusetts law says that the ticket itself is evidence. That means you are presumed guilty because there is a piece of paper saying so. The magistrate will usually find you guilty on this basis no matter what you say. You have the right to appeal the magistrate's decision to a judge. In theory the same rules of evidence apply, but the judge will often find you not responsible if the police officer doesn't show up.
Q: Will my ticket affect my insurance rates?
Generally, yes. The schedule of points is found at 211 CMR 134 (Code Of Massachusetts Regulations). Each point results in an approximately 5% per year insurance surcharge for 5 or 6 years.
Major offenses are reckless or negligent driving, DUI, vehiclar homicide, hit-and-run, operating after suspension or revocation, and refusing to stop for an officer. They are five points. You should hire a lawyer if charged with any of these except the last.
Minor offenses include speeding, expired registration, expired inspection sticker, leaving the keys in a parked vehicle, and many more. These are two points.
Q: The court found me responsible. Can I appeal the points?
No. If you are convicted in court, the points are automatic.
If the judge finds you responsible on appeal from a magistrate, your only recourse is to appeal in the court system on the basis of a legal mistake by the judge. Believing the police officer is not a legal mistake unless you presented clear evidence that the officer was wrong; in particular if it is only your word against the police the judge is allowed to believe the police.
Q: Can I plea bargain to a non-moving violation? Or go to traffic school?
Massachusetts law prohibits alternative dispositions of noncriminal traffic offenses. You can't elect traffic school or probation. The court must find you "responsible" or "not responsible". There is also no legal basis for a plea bargain to a different offense, and I have never heard of a court accepting such a deal.
The court will probably offer you a reduced fine. If you are from out of state this might be a good deal -- Massachusetts may not notify other states of the ticket. For a Massachusetts driver, or anyone who might move to Massachusetts in the next 6 years, this is a bad deal. The average insurance cost for a ticket is $500. If you can see even a 10% chance of winning (for example, because the officer doesn't show up on appeal), you are better off fighting the ticket.
Q: What is the difference between MGL 90-17, MGL 90-18, and 730 CMR 7.08(6)(c)?
MGL 90-17 (that is, chapter 90, section 17 of the Massachusetts General Laws) begins
No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and properThis is the "basic rule", and is the law in every state.
Section 17 continues to say the following are prima facie evidence of unreasonable speed if no speed limit is posted:
Section 18 permits additional speed regulations, with the approval of the Highway Department and the Registrar of Motor Vehicles. Section 17 also says that exceeding a speed limit set by a section 18 regulation is prima facie evidence of unreasonable speed. Section 18 regulations must be posted to be effective, and supercede the unposted limits set by section 17 (apparently including the 20 MPH school zone limits).
Except for the basic rule, section 17 does not apply on the Massachusetts Turnpike, which for legal purposes includes US 1 from the south end of the Tobin Bridge to I-93, I-93 from US 1 in Charlestown to Southampton Street in Boston, and the three harbor tunnels. However, the Turnpike has passed a regulation (730 CMR 7.08(6)(c)) setting absolute speed limits. The fine is the same as for speeding.
The Metropolitan District Commission also has a regulation prohibiting speeds greater than posted. Note that section 18 explicitly does not apply to the MDC. On one hand, that means they don't need approval to post speed limits. On the other hand, if the police charge a violation of section 18 the fact that the law does not apply should be a good defense.
Q: The officer didn't ask me to sign the ticket.
MGL 90C-2 requires the police officer to request you to sign the ticket. They rarely, if ever, do. Some courts will dismiss the ticket for this procedural violation. Some won't.
Q: I got a notice of an "immediate threat" license suspension.
State law allows the RMV to suspend a driver's license for almost any reason after a hearing, or without a hearing if they say the driver is an "immediate threat". The RMV prefers to delare an immediate threat because it allows them to skip the hearing and proceed directly to collecting the license restoration fee.
State law requires that an immediate threat suspension be based on a single violation of motor vehicle law. The notice must contain the date and location of the violation. The driver has a right to a hearing within 30 days.
As part of the "Road Rage" campaign the RMV will consider a letter from a police officer as sufficient evidence to suspend a driver's license as an immediate threat. Police have taken advantage of this to retaliate against drivers. So until the law or RMV policy changes, it is a bad idea to annoy a police officer in Massachusetts. You are likely to face a $50 fine and a 30 day license suspension.