Skip to main content
Kelly A. Broadbent
Avvo
Pro

Kelly Broadbent’s Answers

250 total


  • An inmate is looking for a consultation with an attorney? Should I do it by phone?

    An inmate is incarcerated is looking for an attorney

    Kelly’s Answer

    A family member may want to do an initial consultation and hire a lawyer to consult at the jail. Typically the phones are all recorded, so it may not be best to do the consultation over the phone.

    See question 
  • What do I do if my driver's license was used by someone else when he got a speeding ticket?

    I just found out that 6 months ago my driver's license was used by someone in Massachusetts who got a speeding ticket. I live in California and now CA DMV is about to cancel my driver's license. The address used on the traffic ticket is an old add...

    Kelly’s Answer

    At this point, you have been defaulted on the ticket. You should contact the RMV to determine if a motion may be filed to request a late hearing. Typically, if the suspension has already begun for the default, MA won't grant a hearing, but they may make an exception if you can show it was identify fraud. Also, I would suggest contacting the police to file a police report, as this is identity fraud.

    See question 
  • Will two counts of driving unlicensed send me away?

    I have been pulled over twice for driving while unlicensed, and just recently I have obtained my drivers license to show the courts. My first arraignment was two weeks before I tested for my license and they stated I could not be given a consequen...

    Kelly’s Answer

    The second offense should not be charged as a subsequent since there is no disposition yet on the first one. It is unlikely you would be given a jail sentence for this type of offense, however, where you already have one pending, it is possible that they may not be willing to dismiss the second charge, and will want some sort of probationary period.

    See question 
  • Speeding Ticket

    I was traveling on (E) Page Blvd towards Berkshire Ave the same route I use daily when I'm heading to my house. I get pulled over at 4:45pm by a Springfield Officer coming down a hill legitly a sign 40mph posted and out all vehicle driving down th...

    Kelly’s Answer

    You can contest the accuracy of the radar on the basis that it was not vehicle specific if it was in fact a radar ticket. If it was a lidar ticket, the machine is vehicle specific (the reading is the actual reading of your vehicle). I qould suggest hiring an attorney to fight this for you to focus on the accuracy of the machine used.

    See question 
  • What form/document do I send to request discovery of evidence for my speeding ticket in Boston MA?

    I only know the badge number. Need to subpoena all evidence/documentation police officer will bring to court/magistrate hearing. No hearing date yet.

    Kelly’s Answer

    If you want to request discovery evidence for a civil motor vehicle hearing, you need to send an itemized list of the documents sought to the police department that issues the tickets. Be prepared to pay copying fees for the documents. There is not a form, but you want to make sure you incude a list explaining exactly what you are looking for. Items may include a copy of the ticket, callibation records, any additional report made by the officer, etc.
    One warning though... I find that when clients do request the documents, it tends to hurt rather than help, because if you ask for it, it is much more likely to show up at the hearing. When you question an officer about calibration records, many times they are going off memory and are not sure. If they have it in front of them, it is a reliable record to show the judge.

    See question 
  • What will happen if I dismissed my lawyer right before a trial date because I no longer could afford one? What can I do?

    My lawyer and I could not agree to a payment plan and I am in a financial crisis so we parted ways. I have three different charges. The most serious charge was put up for trial separately and was dropped. The victim was my girlfriend and she will ...

    Kelly’s Answer

    I agree that you may want to try to get a bar advocate if you are found to be indigent.

    See question 
  • How do I get a different probation officer?

    I have been on probation for a few months now, I have made my regular monthly payments, I have mailed all my monthly reports. I have tried to call my PO multiple times with a couple of questions. My last few monthly reports have said "Please cal...

    Kelly’s Answer

    I would go in on the meeting and do what they say to finish your probation. You could go up the chain of command, however that most likely will not accomplish anything but irritating your current p.o.

    See question 
  • How to respond immediately following a fake hit claim...

    My friend was driving her car, was stopped at a stop sign waiting to turn left. She began to pull out when a older woman with a rolling walker walked infront of her vehicle and yelled. My friend who was driving stopped short, did not hit the wo...

    Kelly’s Answer

    It doesnt sound like there was an accident or any insurance info was exchanged. I would probably keep a list of any witnesses just in case the woman files a hit and run claim, but I would not expect her to based on your description.

    See question 
  • 82mph in a 50mph Posted, Radar, estimated. Should i fight it myself or hire an attorney?

    I was pulled over for going 82 in a 50 with my mother in the vehicle, i was not going 82 my passenger and myself know that as a fact. The officer was rushed, didn't spell out the towns name fully, only stated me as operator and not owner as well, ...

    Kelly’s Answer

    First the $5 is an additional surcharge that was added to ticketa about 2 years ago. The ticket amount is correct.

    Second you will not lose your license for going 32 over unless he issued a suspension for immediate threat or if this ticket triggers a suspension for number of tickets (which it does not sound like it will).

    Having an attorney represent you can absolutely help with fighting this matter. Feel free to contact my office. I offer free consultations and am right outside of Worcester.

    See question 
  • Shoplifting but no citation

    I am 24 years old and was caught shoplifting make up from a Walmart, the items amount was $45 . I also purchased $60 worth of items and on my way out was apprehended by security. They told me I was caught on camera and that she had seen me do it ...

    Kelly’s Answer

    It sounds like they are not pressing charges, however, I would keep an eye out for a summons from the court for an arraignment or show cause hearing. WIth this type of case, it is worth it to speak with an attorney if you do receive a notice to avoid anything on your reoord.

    See question