November 9, 2012 at 6:50 pm #176595087
I live in the Boston area and have gotten 2 speeding tickets in the past few months. The first one I’m still waiting to get a date to see a magistrate and fight it, the second one I just got but plan to fight.
The first ticket was coming out of the Ted Williams Tunnel on I-90 East.. then the road bends and around that bend the officer was on the side of the road. Everyone drives about 55-60mph in the tunnel and on that part of the road after the tunnel (I know the “going with the flow” excuse is not valid).. but the speed limit sign right on that bend is 40mph. So I got a ticket that said I was going 60mph in a 40mph zone. The ticket had both “Estimated” and “Radar” boxes checked.. Can that help me or is that pretty standard? This was probably about 3 months ago.. so I’m not sure if the officer would remember or not, but at the time there was barely any traffic and the only other vehicle around me was a big truck that I was passing as I went around that bend in the road where the officer saw me. I looked at a map online and from where I came around the bend and the officer could see me to where I was pulled over was only about 0.1 miles. Does that help me? Also, I checked and this is not one of the “illegally posted” speed limits. So what can I do to fight this?
The second ticket, I just got. I was stopped at a traffic light heading south on Bennington Street in Revere next to the Beachmont Veterans Memorial School (I was in a school zone) and when it turned green I drove off. Unfortunately for any defense I might have on this one, I was pulling away from the rest of the cars around me. Again, an officer was on the side of the road. He waved me over and told me I was going 38mph. I said I didn’t think I was going that fast and he said I was. He then gave me a ticket saying I was going 35mph in a 20mph zone. However, the ticket does not say how he got my speed. There are check boxes for “Posted,” “Not Posted,” “LIDAR,” “Clocked,” “Radar,” and “Estimated” but none of them are checked off. Is that something that I can use in my defense? Also, I looked at a map online and from the traffic light where I was stopped to the spot where I was pulled over was no more than 0.1 miles and may have even been shorter. Does that help me at all? Also, I checked and this too is not one of the “illegally posted” speed limits. Lastly, this ticket was given to me today (11/9/12) but he wrote the date on it as a month ago: 10/9/12. What should I do about that? Will the correct date it was issued be in their computer system somewhere or am I going to be in trouble for taking too long to choose to pay it or fight it (20 days is how long it says I have)?
So I would greatly appreciate any advice on how to fight these tickets. Keep in mind that I checked and neither one of the speed limits were “illegally posted,” so I can’t use that defense. Also, does anyone think for either of these tickets that I don’t have a strong defense and should just take a reduced charge if the magistrate offers it?
Thanks in advance!
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