Traffic Ticket Attorney?

[trysha.livejournal.com]

Hi all,

I got a traffic ticket in the mail from the Somerville Police that I should obviously fight.
(this is not a parking ticket)

Does anyone have any suggestions for traffic attorneys used to fighting somerville.

EDIT: I see that people have contested tickets on their own with mixed success, so I'm seeking an attorney.

Comments

[ron_newman]

In the mail? Aren't they supposed to hand you those in person?

(Massachusetts does not allow automatic ticketing from traffic light cameras)

[irilyth]

If it's obviously unjust, you could contact your city rep. After our fire, someone (contractors, cleanup crew, don't recall) left some construction debris in bags on the property while waiting to haul it away, and we got a trash ticket since it wasn't in cans; our alderman convinced the city to dismiss the ticket, because it clearly wasn't the sort of thing that the must-be-in-cans law was intended to prevent (food waste that could attract rats et al).

Might not apply to your situation, but if it does, might be worth a shot.

[puffy-wuffy.livejournal.com]

I'm with irilyth on this, try to find an alderman or someone else who will know more about the specifics of the situation. A lawyer could be a good idea, but unless you know one you may not have time to scoop one up.

[captain-trant.livejournal.com]

I cannot provide you legal advice, but I can explain a traffic citation if you wish to contact me. I am assigned to the Somerville Police West District substation at 1114 Broadway. You can come by or contact me at 617-625-1600 ext.7294 or email ptrant@police.somerville.ma.us. I would not comment on individual traffic citation in an open forum. I have attended numerous traffic citation appeals at the Somerville District Court and do not recall anyone being represented by an attorney. You do have that right but the majority of people represent themselves.

[ron_newman]

I'll ask you one general question: under what circumstances is a traffic citation sent in the mail instead of being presented in person to the alleged violator?

[captain-trant.livejournal.com]

I'll give you an example. An Officer may be working a road construction traffic detail and observe a vehicle drive by with an expired or rejected inspection sticker. The Officer would most likely not be in a position to stop this vehicle once it passed because (a) most construction details do not have a marked police vehicle assigned but a Police Officer on foot directing traffic or (b) it may not be safe to stop the vehicle at this time due to traffic conditions with construction. The Officer is in a position to record the vehicle plate, make, model and color of vehicle along with the date/time and location. When the Officer is working his next shift, a computer check thru the RMV will confirm if the inspection sticker is expired or rejected for more than 60 days due to emission failure. The Officer would then issue the registered owner a motor vehicle traffic citation and on the citation itself, there is a box to check off for mailed to violator, and put the citation in the mail. This is one circumstance when a citation maybe sent in the mail, another may include an Officer crossing children on a school traffic post and not able to stop a vehicle. Generally, when an Officer is not in a position to conduct a motor vehicle stop but can record the information and verify there is a violation, a motor vehicle citation will be mailed to the registered owner of the vehicle.

[boblothrope.livejournal.com]

So the registered owner, who was not necessarily the one driving, is responsible for the fine?

Does the registered owner's insurance SDIP step also get the surcharge?

[captain-trant.livejournal.com]

Yes to both. The registered owner is responsible to have their car registered and inspected.

[boblothrope.livejournal.com]

Does that mean this procedure of mailing a ticket can't be used for violations like running red lights and speeding, since the registered owner could get penalized for something they weren't responsible for?

[captain-trant.livejournal.com]

Each situation is unique and it would depend on the circumstances. That is one reason there is an appeal process in place. If I received a citation in the mail for running a red light or speeding and I was not driving car registered to me, I would appeal.

[ratatosk.livejournal.com]

I've always wondered what happened in those situations -- it's good to know that safety wins out. I imagine it's dangerous enough standing in the street all day without trying to actively flag down passing cars. Thank you for the explanation!

[barodar.livejournal.com]

Steven Topazio. stopazio@topaziolaw.com He was great.

[kalimba21.livejournal.com]

When I went to Somerville traffic court, it was such a joke.
Basically, it's the officer's word against your word.

I paid $25 to tell my story to a magistrate, with an officer present. The magistrate offered to lower the fine, but not negate the fabricated charge, which was a point offense. So then I paid $50 to bring it to a judge at Somerville Courthouse.
If the officer doesn't show, they let you off. However, right before the session, a parade of officers showed up and joked around for a while with the judge before they all sat down together. Clearly a history here.

Each person came to the mic when summoned, stating their case. Then each officer stated his case. For each charged person, the judge quickly hit the gavel, saying "guilty as charged, and then the next one of us came up to the mic. I've never experienced such a kangaroo court. It was mind bending.

I wonder if it would have been different for me had a lawyer been present. I hadn't even considered that option. I'm not a kid, and it certainly made me far more cynical about Somerville and policing. I wish our local news media would take this on.

[silveraeroguy.livejournal.com]

I used a lawyer for a speeding ticket I got once. The ticket was for $300ish and the lawyer cost me $350. Somehow the ticket was lost in between the police station and the courthouse. Find one of the traffic lawyers who used to be an ex-cop. The one I used was in Woburn (don't recall his name) but there should be one that is local. Initially I found a phone number through google for a Boston lawyer who gave me the contact for someone who was more local to my case. Also, this was 7 years ago so I wouldn't be surprised if the cost has gone up. Not having points though will save you in the long run.