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Is it illegal to travel down a closed road? Can I beat the ticket?

Criminal Defense 2 views 1 answers
I was on my way home, and I went down a main road that was posted closed due to minor flooding(which was nearly non existent when i went through it) Then i got stopped.The police officer wrote me a $250 ticket for motor vehicle trespassing. He marked the violation down as being Ch.266 s120A Massachusetts Gen Laws. Only problem is Ch.266 s120A deals with parking a motorvehicle on a private way. He also added that by driving down a closed road it was "disorderly conduct" In writing me a ticket another car came past us, he got out of his cruiser said something to the driver then let him go. I asked if the other driver had a good excuse and he said it didnt concern me.Is it illegal to travel down a closed road? A little advise would be good. Is there any way to beat the ticket?

Attorney Answer

1
Kara Odonnell 1843548.Html ·
You are correct in that the statute you cited pertains to private property. http://www.mass.gov/legis/laws/mgl/266-120a.htm It is common for police officers to cite an incorrect statute in writing a ticket. It is also a simple dismissal by attending traffic court and advising it was a public road and the statute doesn't apply. Bring a photo of the intersection, or map, to back you up. Perhaps he meant to write one for Section 123? Which should not be confused with Section 132 - which forbids the frightening of pigeons(!). Good Luck. Kara O'Donnell, Esq. O'DONNELL LAW OFFICES 857-526-1355 Quincy, MA www.quincylegal.com
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