Can I get out of a moving violation where the wrong law was cited?

I was given a ticket for making a left turn where it a sign indicated it was prohibited. However the officer gave a ticket for M.G.L. c. 90, § 14 (Turning Improperly) Is it worth contesting on the basis of the wrong law being cited (Should have been 720 CMR 9.06(23))?

Somerville, MA -

Attorney Answers (3)

Ian Keefe

Ian Keefe

Criminal Defense Attorney - Cambridge, MA

Yes. You should request a Clerk Magistrate Hearing and fight the ticket. Please give me a call if you are interested in hiring an Attorney.

Ian Keefe, Esq.

Michael J Tremblay

Michael J Tremblay

Bankruptcy Attorney - Marlborough, MA

Don't be so sure. c. 90 §14 covers several types of improper turns and applies to all public ways.
720 C.M.R. 9.06 however only applies to state highways. Where were you driving? Was it a state highway or a regular city street or town road? The ticket, if first offense, is only a $35 civil penalty. Unless you have a bunch already and are at risk of a suspension for habitual traffic offender, or six surchargeable events, there really is not much economic sense in hiring a lawyer to fight this.

Attorney Mike Tremblay 508-485-4500
Michael J Palumbo

Michael J Palumbo

Speeding / Traffic Ticket Lawyer

Yes call us I can refer you a great MA traffic court lawyer. 1-877-996-6849.

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