Should I fight my traffic ticket?

If you decide to contest the citation, the first hearing will be before a clerk magistrate where the clerk will determine if there is basic elements to believe the citation is valid. A representative from the police department will appear with a copy of the citation and usually the clerk will rubber stamp its existence as proof its valid. There is little that can be done to win at this stage unless the citation cannot be found. If you wish to appeal, it will cost $20 where you can have it heard by a judge with the actual officer present and testifying under oath. The officer will have a copy of the citation that he issued and will usually recite from prepared notes information written on the ticket. This hearing will be issued at a later date. While an attorney is always helpful, should you choose to do this yourself, as many do, you should look into requesting materials from the police dept where the officer is stationed including the means for speed determination, the officer's training in the devices use, and its calibration certificate. Also request a copy of the officer's citation document, as they often take notes on them which differ from the copy you received. Were there any circumstances for which you believe the officer's speed determination would be awry? Hills, obstructing views, traffic, weather? If he was using laser (LIDAR) was he following procedure in using the device? Accurate training? Using it hand held or firmly planted for better accuracy? Your goal is to place doubt in the veracity of his statements - not an easy task. Its always an uphill battle but sometimes worth it. Good luck!

My advice to you is to contest the citation. To appeal the citation all you have to do is sign the back of the ticket you received and then send it into the Ticket Processing Center within 21 days. This initial appeal to a Magistrate will cost you $25.00. At the Magistrate hearing, a prosecuting police officer will present the citation you received as evidence of the violation. The citation itself is considered prima facie evidence of the violation. Prima facie is Latin for "at first look," or "on its face," referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. What that means is the ticket itself is evidence of the violation and all that has to be presented at the Magistrate level to establish the violation. The officer who cited you will not be present at this initial stage. A skilled criminal defense attorney can definitely help. He/she has the experience and understanding of the different ways of resolving traffic violations which can help you maintain your driver's license and keep your insurance rates down. The Magistrates have the discretion to uphold the violation as well as to find you not responsible. If you lose the Magistrate hearing and want to appeal, you will have to pay an additional $50.00 to have a full hearing which will be held before a judge. At the second hearing, the officer who cited you is required to appear and has to testify as to the facts and is subject to cross examination. Attorney Steven J. Topazio 10 Winthrop Square, Suite 4100 Boston, MA 02110 617-422-5803 Email: [email protected] Web: www.topaziolaw.com www.1bostoncriminallawyer.com

Hire an attorney for all tickets.