Is it legal for the officer to not have you sign the ticket on site and to have estimated you and used radar?
I received a ticket for speeding via the mail even though the officer pulled me over on site and told me if I had no tickets I would not receive one - 3 days later he mailed me a ticket. I do not believe I was speeding as I was first off the line and had barely cleared the intersection when his lights went on. On the ticket it said he used radar and estimate -- what does that mean? Can you radar someone from a 'T' location at a 90 degree angle?
Attorney answers (4)
Kelly A. Broadbent
Reputation Level 11
Answered about 2 years ago.
Speeding / Traffic Ticket Lawyer in Holden, MA.
Typically in MA, the officers will almost always check off estimated. They explain this as they visually estimated that you were traveling faster than the posted speed limit. The radar means that they used a radar unit to detect your actual speed. While an officer can radar you from various angles, it is arguable how effective the unit was.
In MA you have 2 opportunities to appeal the ticket, a clerk's hearing and a judge's appeal. The officer does not appear at the clerk's hearing. However, at the judge's appeal, you are given the opportunity to cross examine the officer. At this time, you can ask him any questions regarding the accuracy of the radar at the angle, or whether the radar was properly calibrated and in good working order.
If you wish to discuss this in more detail, please feel free to contact me directly.
Kelly Broadbent
(508)425-7230
1 person marked this answer as good
Andrew Daniel Myers
Reputation Level 20
Answered over 2 years ago.
Personal Injury Lawyer in North Andover, MA.
There's no requirement that an officer have you sign a citation on the spot. Also, officers are allowed to testify as to their estimates as to speed of a vehicle. Radar is a nicety, it is not a requirement.
But, the good news is that in Massachusetts you have a right to a magistrate's hearing. Read the back of the Uniform Citation form that you received. Check the box for not responsible, asking for the hearing and mail it in before the deadline.
You may have a good chance at the magistrate's hearing if you go in and in a cool calm rational manner explain what happened and how it is that you do not, with all due respect to the officer, believe that his observations in your case can be accurate. A diagram or two, if they illustrate your point, can be helpful.
If you can't beat the ticket all together, you may at least be able to get the magistrate to reduce the fine.
At that stage you can either accept that ruling or not, and if you do not, you will get a trial in the district or municipal court, depending on where this happened. Then, you get to cross examine the officer.
Do not even attempt to do that until you read up on cross examination, prepare very carefully, and understand that you will ask only leading questions.
Good luck.
Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Unless it specifically states so in your state's statute, it's not necessary for you to sign the ticket for it to be valid; if he says he estimated your speed, it's your word against his. You can try to fight the ticket but you probably won't win.
Kevin Gaughen Jr.
Reputation Level 9
Answered over 2 years ago.
Litigation Lawyer in Weymouth, MA.
The Massachusetts "no-fix" statute may be of some assistance (Mass General Laws Ch 90 Section 2). The statute states: "A failure to give a copy of the citation to the violator at the time and place of the violation shall constitute a defense in any court proceeding for such violation, except where the violator could not have been stopped or where additional time was reasonably necessary to determine the nature of the violation or the identity of the violator, or where the court finds that a circumstance, not inconsistent with the purpose of this section … justifies the failure. In such case the violation shall be recorded upon a citation as soon as possible after such violation and the citation shall be delivered to the violator or mailed to him at his residential or mail address or to the address appearing on his license or registration."
The Police Officer must give you the ticket when he stops you, unless there is a valid reason not to do so. As always, the best defense in a clerks hearing/speeding ticket hearing is to be calm, polite and respectful.
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