Massachusetts Motion to Dismiss Traffic Citation

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US-03341BG
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Judge's Appeal for a Massachusetts Speeding Ticket 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.

You have to pay a non-refundable $50 appeal fee to the clerk-magistrate's office before a judge will hear your appeal. If you can't pay the fee, you can fill out an application (available in the clerk-magistrate's office) to waive the fee.

You may not know that in the state of Massachusetts you can receive a citation in the mail. This is to allow you, the motorist, the chance to correct something done wrong. However, this opens up possible issues of police abusing this program or just being wrong.

If the box marked "WARNING" above the officer's signature is checked, then no action is required by the violator. Warnings do not affect your insurance or merit rating, but if you accumulate three within one year, the Registry has the option of suspending your license. There is no appeal procedure for warnings.

Each violation has a statutorily prescribed ?point? value that stays on a driver's record for six years. If you choose to dispute a ticket, you can request a civil hearing with a Massachusetts court magistrate, which involves a $25 filing fee.

If the citation is paid or a responsible finding is entered by the court, the moving violation will go on your driving record and will result in an increase in insurance points and costs for 6 years in Massachusetts.

Citations are not formal disciplinary actions, but they are matters of public record. A list of citable violations and the range of fines can be found in the California Code of Regulations, Title 16, Division 13.1, Article 9, Section 1397.50.

In Massachusetts, a traffic ticket, known as a Massachusetts Uniform Citation, has 2 boxes on the ?description of offense? line. The second box, marked ?civil,? is the most commonly checked box. While a civil infraction may go on your driving record, it will not result in criminal charges or a criminal record.

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Massachusetts Motion to Dismiss Traffic Citation