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What would be the best way of going about getting my speeding ticket dismissed in MA?

Hanover, MA |

I was on the highway in the left lane and there was a state trooper pulled over on the right side of the road in the same direction of traffic and as i passed him he immediately pulled me over and stated i was going 84 in a 60. I dont believe i was going that fast but it is checked off that he was posted, and it was on his radar and estimated. Also the 90/17 was checked off saying that i was going well over the speed limit. Under the description of offense he wrote no oss, and ltl which im not sure what the no oss means. The only reason im skeptical of bringing this to court is because he also caught me with a gram of marijuana, 2 open containers of beer, and more beer in my backpack. Im only 19 but could he use that against me in court even though it was just a speeding ticket.

Attorney Answers 3

Posted

It sounds like the Trooper cut you a huge break. Being found with less than one ounce of marijuana, although not criminal, is illegal and a civil infraction where you could be fined $100.00. Additionally, since you are under the age of 21 and transporting beer, the officer could have arrested you as a minor transporting alcohol, as well as charging you with violating the open container law, not to mention accusing you of drunk driving. Since you are under the age of 21, you would face enhanced penalties for an OUI charge. The sobriety standard for a minor is different than that for adults. The Commonwealth would only have to prove you had a blood alcohol content of .02 (not .08 for individuals who obtained the legal drinking age). You could be .02 after drinking a single beer. Because you were not charged for these offenses when you received the speeding citation, it is unlikely you will be charged now if you contest the citation. If you have a clean driving record, a Magistrate may give you the benefit of the doubt, even if he believes that you were speeding, and find you not responsible, (hoping you learned your lesson). A good attorney could help you under these circumstances. I would contact a Criminal Defense Attorney to evaluate your case and possibly represent you at the Magistrate’s Hearing if that is how you want to proceed.

Attorney Steven J. Topazio
10 Winthrop Square, Suite 4100
Boston, MA 02110
617-422-5803
Email: stopazio@topaziolaw.com
Web: www.topaziolaw.com
www.1bostoncriminallawyer.com

Any information contained herein is intended for informational purposes only and should not be construed as legal advice. If you need additional information, call Attorney Topazio directly at 617-422-4803 regarding your specific concern.

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Jeffrey K. Varszegi

Jeffrey K. Varszegi

Posted

Great answer.

Asker

Posted

Thanks for the response! I'm still undecided on if im just going to pay it or take my chances in court. I just want to know how the trooper could prove that i was drinking and had marijuana on me. I was never breathalyzed, and as far as the marijuana goes, all the officer said was to "throw the trees with the trees" and he made me throw it into the woods. Also, the trooper just made me pour the beer out on the road and he gave me back the empty cans. The only way i see myself getting in trouble for the marijuana and beer is if he had a dashboard camera in his cruiser and showed it in court but im not sure if he can do that.

Steven John Topazio

Steven John Topazio

Posted

You should not give any further details on this webpage. It is possible that anyone monitoring this webpage might try to use what you say against you, provided they can identify you. With that being said, I have to say that I have been around long enough to know that anything is possible but I cannot see how you can be charged criminally now without any evidence, but even if you were charged, the Commonwealth needs evidence to convict you and from what you say all the evidence has been lost. No evidence, no case. If you appeal the ticket you received as I suggested, you will go before a Clerk Magistrate, not a Judge. The officer who gave you the citation will not be present at the initial Clerk Magistrate Hearing. The clerk will only decide the violation on the ticket. A prosecuting officer will be present at the hearing whose function is merely read the violation off the ticket to the Magistrate. Under the law, the ticket itself is prima facie evidence of the violation. You will not be charged with any additional criminal charges if you exercise your right to appeal the ticket. It will cost you $25.00 to appeal the ticket. If the Clerk Magistrate rules against you, you can either pay the fine or you can appeal the Magistrate’s decision, (for an added cost of $50.00) to go before a Judge in court where the officer who gave you the ticket will be summonsed to testify about the civil violation. I hope this helps. Attorney Steven J. Topazio 10 Winthrop Square, Suite 4100 Boston, MA 02110 617-422-5803 Email: stopazio@topaziolaw.com Web: www.topaziolaw.com www.1bostoncriminallawyer.com

Posted

You are very lucky to have received this break and Attorney Topazio gave you a very thorough answer. The officer could also testify at the hearing if you contest the ticket, and the clerk-magistrate could allow a complaint to issue for the criminal charge of minor in possession at that time. It would likely eventually be disposed of, since it carries only a $50 fine as a penalty for a first offense, but it would create a criminal record. I just want you to know the risks.

Providing users with information is not intended to create an attorney/client relationship. However, if in reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.

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Posted

I would only note that the 0.02% BAC is the threshold for a person under 21 to fail the breathalyzer (and lose his license as a result of a breathalyzer failure). The BAC level to prove an OUI itself under the per se portion of the statute, (which is separate from any license loss associated with failing the breathalyzer) is still 0.08%, regardless of age.

You did get a HUGE break from the trooper. You really should be facing an OUI charge, and open containing charge, a minor in possession of alcohol charge, and a civil citation for marijuana possession.

Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.

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