If you want to appeal a Massachusetts speeding ticket you must request a hearing. If you pay the ticket you assume responsibility, it goes on the driver’s history and impacts your insurance. If you pay your Massachusetts speeding ticket you will not have another opportunity to fight the ticket. If you want to fight your Massachusetts speeding ticket you have only 20 days to appeal your ticket. If you want to appeal you have to sign it and send it to the Hearing Processing Center. After you requested the hearing you must pay a $25 fee in order to have your hearing scheduled. Your hearing will be held in the district court where your infraction took place
Clerk’s Hearing for Speeding Tickets
The first step in fighting your Massachusetts speeding ticket is a hearing before a clerk magistrate. A clerk magistrate is not a judge. A clerk magistrate or assistant clerk magistrate hears the evidence and issues a ruling. The police officer who issued the citation does not have to attend the hearing. The officer is represented by a police prosecutor. A police prosecutor will read from a report of the police officer. Then the clerk will then hear from the driver and issue a ruling. The clerk may find the driver responsible, not responsible, and can either keep the fine the same or lower it. If the clerk finds the driver responsible the person may appeal the decision to a judge.
Judge’s Appeal for a Massachusetts Speeding Ticket
If the clerk finds you responsible you have the right to appeal the decision to a judge. There is a $50 fee to appeal to a judge. At the judge’s appeal, the police who gave the citation must be present. If the officer is not present the judge will issue a finding of not responsible without conducting a hearing. Then if the officer is present the hearing will proceed. The judge will hear from the officer first, and then allow the driver to question the officer. After the driver has had a chance to question the officer the judge will then allow the driver to present evidence. After both sides have had an opportunity to speak the judge will then end the hearing. Some judges will notify the parties of a decision while others will take the matter under advisement and notify the parties via mail.
If a judge finds you responsible there is an appeal that may be taken. The appeal does not consider anything factual. The only issues that can be appealed are matters of law. For instance, if the judge considered evidence that he or she should not have applied the wrong law. Appeals are seldom successful.
If you or someone you know wants the best lawyer to fight a speeding ticket in Massachusetts call Speeding Ticket Attorney Patrick Donovan today. Attorney Donovan is a former prosecutor who has successfully fought speeding tickets for people in Quincy, Boston, and throughout Massachusetts. Call Attorney Donovan for a free consultation today. (617) 479-1800.