Just to let you know, I won my case at the Clerk Magistrate hearing.

I called the RMV to see when they received the ticket from the State Police. They transferred me to the Merit Rating Board who sent me a letter indicating that they received the ticket 12 days after the citation was issued. Section 2 of MGL 90 requires that the Police Chief must submit (by hand delivery or mail) the citation to the registrar, no later than 6 business days after the alleged violation.

It turns out that I did not have the right evidence, as the Merit Rating Board letter stated when they received the citation from RMV. The State Police Chief, who was the one responsible for submitting this particular citation to the RMV, knew the timeframe requirements, but stated that the citation could have sat on someone’s desk at the RMV for a week. In that the Merit Rating Board’s letter clearly indicated that the citation landed on their desk as late as it did, the Police Chief let it go and the Magistrate issued a “Not Responsible” verdict.

I would advise anyone trying this defense to contact the RMV and, if possible, get a date stamped copy of their record of receipt.

Thanks for your help. Saved me $230 plus insurance premium increases.

Skip R.