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Got a Stop Sign Violation in Massachusetts.?
Alright, so last Satrday i was driving from storrow drive and was goin up a ramp to go over the bridge to reach MIT/Harvard. It is the first exit available on the left to Coppley. Anyways, I bared right and slowed down like I normally would to a stop. I always stop at stop signs but I definitely know I didn't come to a stop because for some reason, I thought it was a yield sign, so I approached it and acted as if it were a yield sign. The street I was merging onto was a one way street, so that is probably while I figured it was a yield sign. Anyways, around the corner was a statey nicely waiting, facing the opposite direction of me, and tells me to pull over. So as a result, he fined me a 100 dollars for the violation. I got a warning for a not stopping long enough at a stop sign about a month ago, but the cop did acknowledge i did stop, but because it was snowing he told me to be more careful, so it's not like I don't know how to stop at a stop sign properly. I am definitely going to go to court for the hearing of this ticket, but I am stuck between two arguments. The first is admitting that I thought it was a yield sign and the second is to argue that the cop was out of view from the crosswalk where I normally stop at a stop sign. He quoted something I never said, so I was planning to use that in court against him. So what I am wondering is will apologizing in court give me any reuslts liek lowering ticket fines/dropped points? or should I argue that he couldn't see me because I took pictures from google maps showing where I was and where he was and it is clearly evident that he could have no way seen me stop before the crosswalk. I'd rather pay the 25 dollar court fee and to try and lift any charges. Also, because this is my first ticket, do my points go up? Keep in mind that I do live in Massachusetts, so traffic school is not an option here unfortunately.
7 Answers
- KennethLv 78 years ago
Really, you think you can win by arguing you confused a red octagon with a yellow triangle??? Yeah, thats not going to happen. You have a legal duty when driving to be aware of all street signs and what they mean. You aren't going to get out of this by arguing confusion. Think of it this way, if you were caught going 70 in a 55, do you expect the Judge to toss the ticket because you claim you thought it was a 65 zone??? Not going to happen.
As for the quote you claim you never said....prove you never said it. Not sure how you intend to "use this against him" in court since you can't prove you didn't say it. And frankly, the Judge isn't going to care about a dispute over a quote. All that matters is whether or not the Judge determines the prosecutor presented "clear and convincing evidence" (this is the standard for tickets....it is much lower than beyond a reasonable doubt, which is used for criminal cases) that you ran the stop sign.
Basically, your word against the officer, and the Judge will always side with the officer since he has nothing to gain by lying about the facts of the case. Don't waste your time/money fighting this.
- Nuff SedLv 78 years ago
Let's assume your defense is "the officer was not in a position to properly judge whether I stopped, as required, prior to entering the crosswalk". You have admitted you knew there was a reason to stop, whether it was a Stop or Yield sign.
The magistrate will ask you, "Did you stop before you entered the crosswalk?" You lie and say "yes". He or she then asks, "When you were fully stopped prior to entering the crosswalk did you have a clear view of the traffic and pedestrians approaching the intersection?" You lie and say "yes."
Then the officer is questioned: Were you in a position to observe the vehicles approaching from where the defendant entered the intersection? (yes) Did you see the defendant's vehicle stop at any time? He says "no". You lose. Pay the fine, plus court fees.
On the other hand, if you punt your bogus defense and throw yourself on the mercy of the court, you can point out your spotless record, your professionalism, your contrition, your willingness to abide by any decision they make, and offer to undergo a year's probation (continuation without a finding), if they will just give you a second chance to keep a spotless record.
- 8 years ago
Pay the fine. You already admitted that you "Definitely know [you] didn't come to a stop." Don't try to argue that you "thought it was a yield sign." That would never hold up in a court, regardless of the state.
- ?Lv 45 years ago
Massachusetts police officers never show as much as courtroom i've heard so i am beautiful definite you are going to be equipped to get out of paying the ticket anyway but you would say you aren't used to riding the car you had been riding, say you particularly felt like you came to a whole stop, say you had a migraine and were just seeking to get residence speedily and you particularly suggestion you had made the whole discontinue. Just right success
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- ?Lv 78 years ago
Nothing you do will change the facts. You go up a step and will pay an insurance surcharge.
- NeilLv 78 years ago
You didn't stop. That's what you said. So pay the ticket. All the rest of the blather is just blather.