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Would I be able to appeal a "Failure to obey traffic sign" citation in Massachusetts?

Scituate, MA |

The other day I was driving on I-93 in Massachusetts. I had been sitting in traffic for 2 1/2 hours and was going to be late for work, which would result in me getting fired. On I-93 there is an HOV lane that is always open but from 6-10am it is only for 2+ people. I didn't know that cops were stationed in it during this time and decided just to take the HOV lane, an hour before the 2+ person rule went away, to try to get to work. I ended up getting pulled over and got a ticket for failure to obey traffic sign. I got to work late, and was fired, and now I have to pay the ticket, and the insurance increase without a job. Do you think there's any way that the magistrate or judge would sympathise and take the fine away, or at least the insurance points? If so, how could I fight it? Thanks.

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Attorney answers 3


You need to come up with a valid defense. It would appear you did disobey a traffic sign, but there may be more to your story that you did not include.


In Massachusetts you have a right to appeal your traffic ticket. The first thing you should do is send in the ticket to be appealed. You will have two tries to appeal it, the first is at the clerk's hearing and if that is denied, then you can appeal to the Judge (it is another 50.00 fee). You can argue your case at both hearings. If the officer doesn't appear for the second hearing you will be found not responsible.
The Law Office of Jessica A. Foley


It will cost you $25 to dispute the ticket before a clerk magistrate; if the clerk finds you responsible, you can appeal this ruling to a judge for an additional $50 fee. The officer who issue the citation does not need to appear at the clerk's hearing; however, the officer would need to appear at a hearing before a judge or the citation will be dismissed. As it stands right now, you have not admitted responsibility for the infraction, so no point have been placed on your insurance. If you are found responsible, then the fine may be imposed and the points will go on your insurance. The court only has to power to find you responsible or not responsible and assess the fine; the court does not decide whether the points go on your insurance. Contact an attorney to determine your defenses to this ticket, and/or you best strategy to minimize the damage done by this ticket. Good luck.