FIGHT Your Traffic Ticket in Newton, MA

Potential defenses in a given drunk driving (DUI) case are almost limitless due to the complexities of the offense. Generally speaking, the majority can be broken down into the following areas:

Driving.
Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to his being the driver of the vehicle.
Probable cause.
Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues.

Miranda.
Incriminating statements may be suppressed if warnings were not given at the appropriate time.

Implied consent warnings.
If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may affect admissibility of the test results — as well as the license suspension imposed by the motor vehicle department.

“Under the influence.”
The officer’s observations and opinions as to intoxication can be questioned — the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as “failing”. Too, witnesses can testify that you appeared to be sober.

Blood-alcohol concentration.
There exists a wide range of potential problems with blood, breath or urine testing. “Non-specific” analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state’s expert witness, and/or the defense can hire its own forensic chemist.

Testing during the absorptive phase.
The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 45 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking “one for the road” can cause inaccurate test results.

Retrograde extrapolation.
This refers to the requirement that the BAC be “related back” in time from the test to the driving (see question #5). Again, a number of complex physiological problems are involved here.

Regulation of blood-alcohol testing.
The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.

Second Offense OUI’s penalty is incarceration in the house of corrections for not less than 60 days, not more than 2 ½ years and a fine of $600-$10,000.  Further, the license suspension by the registry of motor vehicles (RMV) is for 2 years with the potential for a work/education hardship license considered in 1 year and a general hardship license in 18 months.  A condition of a granted hardship license is the installation of an ignition interlock device.  Additionally, to eventually get your license back from the RMV there will be a $700 reinstatement fee imposed.

If you elect not to submit to a Breathalyzer Test, that refusal cannot be used at trial in the criminal prosecution against you. Although your license to operate will likely be suspensed.

As a result of the passing of ‘Melanie’s Law’ in 2005, Massachusetts law mandates that, for a Breathalyzer refusal, your driver’s license will be suspended for:

• First Refusal:  180 days
• Second Refusal: 3 years suspension
• Third Refusal: 5 year suspension
• Fourth Refusal: LIFETIME suspension

You got pulled up on the side of the road and found yourself with a traffic ticket. Simply paying the traffic ticket fines might seem to be the path of least resistance; but this can actually lead to unexpected consequences if they add up over time. In the state of Massachusetts, there is a so called “surchargeable event” which is added to your driving record for violations such as speeding or an accident. These surchargeable points will pile up, increasing your car insurance and possibly lead to the suspension of your license for a period of time.

You might think that the only way for a traffic ticket to go away is to bend the knee and pay the fines, but you’ve actually got three options to go from there.  You can:

• Pay it, in which case you’re pleading guilty to the traffic violation and you will get points assessed on your driver’s license. Thus, tainting your driving record and possibly increasing your car insurance rates.
• Elect traffic/driving school for retraining, if the court orders the driver to take a course at a driving school, this can either reduce your points or your points will not be assessed at all depending on your violation.
• Challenge the traffic ticket and hire a traffic attorney to represent your case. You can challenge the violation by hiring an experienced traffic attorney who can erase the violation altogether, leaving you with no points on your driver’s license and no fines to pay for the nonexistent ticket.  Although there will be court fees and you’ll have to pay for the attorney’s expertise, this might be a reasonable investment.

Notice that in all three cases, whichever one you choose to take, you’ll still going to have to pay some bucks. So make sure to invest your money on the most reasonable choice.

Advantages of hiring a traffic lawyer to fight your ticket

The thought of hiring an attorney might be too overwhelming for you and your bank account, there are actually instances in which this path can be the most sensible path to take. While it’s true that the cost of hiring an attorney can, at times, be more than the cost of the ticket; it is also true that having an expert legal counsel at your side will not only get you a competent representation of your case in court but also a better outcome for a relatively small fee.

• Expert advice will almost always lead to good results – getting a local traffic lawyer doesn’t mean more bills to pay, remember that lawyers didn’t become lawyers for no good reason. Traffic lawyers are professionals in handling situations like this, Traffic attorneys know the law, the procedure at court, there is nobody who could represent you better than a traffic ticket lawyer. You’ll have a great chance in winning your case.
• Avoiding the consequences of the traffic violation convictions – this can be more than enough reason to hire an attorney to challenge your ticket. In Massachusetts, a traffic violation conviction inevitably lead to surchargeable points, increase in car insurance rates, and suspension of your license. Having a traffic ticket attorney who can represent your case and help you avoid court or DMV charges for your ticket can be the best possible option.

• Prosecutors can’t bully you if you’re represented well at court. An experienced traffic lawyer knows the best ways to sneak past your traffic violation and possibly reduce or erase your traffic ticket altogether. A good lawyer who knows the law and your rights as a driver, will advocate on your behalf likely have a fighting chance to win the case.

Choosing to challenge your speeding ticket can be a bit tricky, but you just can’t shake the thought of getting points on your driver’s record for an undeserved ticket. So you chose to challenge it and plead not guilty. But there’s just one problem, you don’t have any clue how to fight a speeding ticket and where to even start.  Don’t worry! Here’s a no-brainer guide to fighting a speeding ticket.

• As soon as you got pulled over for “speeding” and received your traffic ticket, try to always be as polite as you can in these kinds of situation. Raising your voice and stress level can only make you the “enraged over-speeding driver” in the eyes of the police officer.
• This is important, try to remember everything that happened before and after you received the speeding ticket. If possible, jot down the important details.
• Weigh your options.
  • For a civil offense like speeding, a lot of people might think that just paying the fines (In the state of Massachusetts, the penalty for speeding is $100 for 1 mile-an-hour to 10 miles-an-hour over the speed limit, plus $10 per every additional mile an hour over the speed limit) can make the ticket go away. Ironically, this isn’t true. Paying the fine means that you are pleading guilty to the offense. You also incur points on your driving record which can accumulate over time. With the right amount of points, it can suspend your license. Leaving you with even more penalties to pay and an increase in your car insurance rates. On the other hand, choosing to fight the ticket means you plead “not guilty” to the offense and you get to request a court hearing to decide your case. If the court decides to rule in your favor, you won’t have to pay the fine and you won’t get any points added to your record. But fighting your ticket means that you have an option to represent yourself in court or hire a traffic ticket attorney to defend you. Most probably, the best option for you is to hire a professional who knows this stuff better than you do.
• Respond to your speeding ticket. Don’t just ignore it. You have until 20 days to respond to a civil traffic ticket in Massachusetts (for criminal offense: 4 days). In your case, choosing to plead not guilty means that you wish to appeal your citation and must request a court hearing.
• Requesting a court hearing and responding to your ticket:
  • Check box 2 on your traffic ticket.
  • Pay $25 for court filing fee, you can include the money or check with the ticket inside an envelope.
  • Sign and date the back of your ticket as indicated.
  • Place the signed and dated citation as well as the court filing fee inside an envelope with your name and address on it.
  • Mail envelope to:

Citation Processing Center
P.O. Box 55890
Boston, MA 02205

• Be sure to print a copy of your citation for court hearing purposes.
• Contact an experienced traffic ticket lawyer.. Discuss your case truthfully with your attorney to help him/her build a solid defense strategy. This is where your notes and memory will come in handy.
• DON’T EVER MISS YOUR COURT DATE. Missing your court date means paying your ticket fine in full within 20 days.
• At your trial, let your attorney do his/her magic to get you out of this ticket.