Thursday, March 13, 2014

Appealing a Speeding Ticket?

If you are appealing a speeding ticket (or other civil motor vehicle infraction), here are some links to help you “learn the ropes”.

   Time for filing appeal:
       Massachusetts General Laws Chapter 90, section 3(a)(4).
   Procedure for appeal:
       Massachusetts General Laws Chapter 90, section 3(a)(5):
         Questions of law arising in the disposition of a civil motor vehicle infraction in a noncriminal hearing before a justice may be appealed to the appellate division. Such appeals shall be governed by a simplified method of appeal established by rules promulgated by the chief justice of the district court department, subject to the approval of the supreme judicial court. Claims of appeal shall be accompanied by an entry fee in an amount established by the chief justice of the trial court. Proceedings under this chapter shall not be reviewable by a civil action in the nature of certiorari.
Court Rule and Regulation:
Massachusetts Trial Court Rule VII: Uniform Rules on Civil Motor Vehicle Infractions.  Procedure for initial hearings - subsection 7(b) and appeal - subsection 7(d)

District Court Administrative Regulation No. 2-86 (amended 10/23/13) Schedule of Assessments for Civil Motor Vehicle Infractions promulgated pursuant to G.L. c.90C, s. 1.

About the Law:
Beginning in 1986, all motor vehicle offenses carrying a fine of $100 or less that were not subject to an arrest were made civil offenses. More recent changes have included as civil offenses all motor vehicle offenses, regardless of the amount of fine, that do not carry the possibility of an arrest.
Massachusetts Motor Vehicle Offenses, Chapter 4 Civil Motor Vehicle Infractions, section 4.1.1.

Print Resources:
Good Reading!