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Will traffic court judges entertain a motion to dismiss with payment of costs and no finding
Ipswich, MA
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Posted 3 months ago in Speeding / Traffic Ticket
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I recently swerved and accelerated to avoid hitting a cat. The Clerk Magistrate would not dismiss the case, so I appealed to a judge. I am willing to pay the $100, but want to keep my 99 Merit rating (and save on insurance for six years!). In view of the circumstances, if I appear before a judge, could he possibly (legally) change the charge to a non-moving violation (e. g. parking), or accept the "motion to dismiss with payment of costs and no finding" (presumably for six months)? Or are such "plea deals" no longer legal in this state?
Answers (2)
Michael Anthony DelSignore
This attorney is licensed in Massachusetts and 1 other state.
Posted 3 months ago.
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it really depends on the judge; some judges will dismiss a moving violation for someone with a clean driving history and who has a legitimate reason for the violation. I think in any traffic appeal it is important to make a clear statement, be respectful to the officer and your chance of prevailing will increase. the judge will probably ask if you told the officer that you were trying to avoid an animal in the road.
Jason Y. Chan
This attorney is licensed in Massachusetts.
Posted 2 months ago.
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You can file a motion to dismiss, but it will be difficult to sell. It will depend on the judge that you get.
I hope you are able to resolve your case in a favorable way. Attorney Jason Chan 77 Franklin Street, FL3 Boston, MA 02110 617-556-8220 website: www.attorneychan.com blog: http://attorneychan.wordpress.com/ twitter: http://twitter.com/AttorneyChan |
