Speeding ticket "speedy trial" in Mass.

I got a speeding ticket in massachusetts on 6/27/08. I requested a hearing via USPS the next day. I just now received a notice to appear for a hearing on 12/18/08. Do I have a right to a "speedy trial?" Can I have this thrown out? - Is this your question? Add additional information
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Answers (4)

Gabriel Cheong

Gabriel Cheong

Contributor Level 7
You are probably going to an administrative hearing which is not the same as state court. You can't have it thrown out simply for the reason you stated.

At the hearing, depending on how your ticket was issued, you can request to have the officer testify and be present. This will usually get the ticket dismissed.
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Bruce H Murray

Bruce H Murray

Contributor Level 5
Sadly, have your case disposed of within only 6 months, is "speedy" in this juridiction.
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Gregory Casale

Gregory Casale

Contributor Level 5
Your speeding ticket is a civil violation. You do not have a right to a speedy trial on a civil matter. Your 1st level of appeal with a speeding ticket is in front of a clerk magistrate who will listen to a police officer that represents the town or city that issued your ticket from the government's prospective and then you get to tell your side. It is again, a civil matter so it is a preponderanc of the evidence standard, not beyond reasonable doubt that the clerk must find to hold you responsible. If you are found responsible at this hearing, you may then appeal to the district court, where a judge will listen to evidence that now must come directly from the specific officer who cited you, representing the government, and from you or an attorney if you wish to hire one, representing your position. Again, it is still a civil matter and a prepoderance of the evidence standard. Nowhere in this entire process are you entitled to a speedy trial. You may get lucky and the citing officer may not show at the court level appeal. Other than that, your looking at a very steep uphill climb.
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Jessica Ann Foley

Jessica Ann Foley Avvo Pro

Contributor Level 6
The other answers are correct. There is no right to a speedy trial on civil violations (like a speeding ticket). It is unfair, and you should definitely bring it up to the clerk. You can also have an attorney represent you for the hearing.
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