NATIONAL MOTORISTS ASSOCIATION

Massachusetts Page

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FAST-LANE SPEEDING

After two separate court sessions, I overturned a ticket issued for speeding through the fast lane at 128 exit.

Two strange facts about the not guilty and appeal might be worth publicizing:

• I used the signing standards of the national uniform manual and the state's driver training manual along with pictures that I took to make my case. The pictures showed several different and confusing signs and color schemes at different exits and at the 128 exit, plus the lack of any advance or adequate warning on the 128 exit requiring a slow-down to 15MPH. Both the manual (yellow is warning only and silver is regulatory), and affirming pictures showing a completely confusing and non-uniform signing application, and won the case for me. This win was appealed by the prosecuting cop - a very strange clause in MA law allowing a magistrate's finding of innocent to be appealed by the cops - but I won the second hearing in front of a judge anyway.
• Although the chief clerk magistrate had been dead for at least 9 months prior to me being issued the notices to appear, the time and dates were authorized, "officialed," and signed by him. Quite an amazing feat and a lot of power for a dead man, isn't it? The very much alive prosecuting officer also signed the appeal on the very same piece of paper. I wonder how many drivers in the Waltham State Court jurisdiction have been summoned to court by the same dead person?

I wonder if their guilty results and fines are binding if the entire legal proceedings leading to their guilty verdict were knowingly sent by the state under the name of a dead clerk magistrate?

Perhaps we should publicize this and find out the answers.

Regards, N.L.