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My day in court
By Kaz on Tue, 01/13/2009 - 11:30am
So, I had my magistrate hearing for my scooter problem from back in September. I posted the details and result of today's hearing in response to the original post, but I wasn't sure how many people would see it using the "Most recent posts" as opposed to the story list and I know that many were interested to hear how it all turned out.
The moral of my entire story: The State Police have no idea what the moped law states and you should just accept whatever an officer tells you when he says it without question because the system will fail you in the end if you rely on it to treat you fairly.
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Comments
Appeal it if you think
Appeal it if you think you've been wronged.
As you said, it's not about the money, so make it about the law and bad public officials.
As for the officer and magistrate, welcome to the world of appointed officials and bloated unions. It's what happens when we give cushy jobs to slackers with GED's who could care less what public role they play in government and want to glide by.
Am I the only one that thinks government officials, especially appointed ones should have to pass a detailed civics tests to get these jobs? If you're too stupid or lazy to know how your own government works, then why should you be trusted with serving the public interest?
you know, I find this hilarious
...because I remember when a friend and I nearly got run over by a state cop running a red light at a dedicated crosswalk signal on the Jamaicaway. He was chasing down someone for a traffic violation, without using his siren- and we had an obscured field of view because of a giant SUV parked practically on top of the crosswalk and the cop was on the inside lane. I dealt with one very nice and helpful SP dispatcher, who transferred me to an asshole (at the responsible officer's barracks) who really couldn't give a shit.
Mr. Expert Who Wasn't There bitched and moaned about how we were stupid to just leap out in the road, why didn't we look, I was being melodramatic, blah blah. Now your effort to get justice is torpedoed by a state cop who wasn't there, a ticket you got from a cop who became utterly belligerent because the idiots can't be bothered to learn the laws they're enforcing. Write the ticket, people are ignorant and will assume they're guilty or not realize the cost, or mount an incompetent defense and get shot down on a technicality. Go read masscops...there's a pervasive "slap 'em with everything, let the Court sort it out" attitude.
If you really care, fight it. Do the appeal, and sue the city for the court fee in small claims court. Phone up the Globe, and maybe they'll be interested. Welcome to Brookline, where everything automobile-related has a "data processing fee" designed to make sure they never lose any money on any ticket written.
Maybe
There's also the possibility that you *and* the state police screwed up in both situations, your's and mine. But, whatever.
Also, I don't believe Brookline will see one dollar of my ticket cost. I asked if I could just pay it to the court clerk's office while I was there, and they told me that it has to be mailed to the Registry. A State trooper wrote a state violation and the money's going to the state. The fact that it occurred in Brookline only seems to have determined which court would have to push the paperwork along. And maybe that's part of the problem is that the magistrate didn't have even the remotest concern about the standing of the case since it was entirely centered around the state and he was having to handle their affairs for them.
Kaz...
As crappy as the process is, these clerks will usually not let you go unless you can really prove that what you did wasn't illegal or there was some sort of other mixup. They are just there to determine whether or not there was enough probable cause that you actually broke the law. To many clerks, this simply means if the trooper said you did it, thats enough probable cause.
And remember, the actual trooper who wrote you the ticket has to be there to read his ticket in front of the judge if you appeal it again. If he is not you will be let off and there is a 100% chance of that.
Also remember the trooper can say that you passed on the right in an unsafe manner which would place you in the wrong, even though passing on the right is legal. Im not saying that is what happened but that could be his version of events. its worth the fight (and $25) I think.
also....
many "mopeds" today are manufactured to travel over 30 mph which legally defines them as motorcycles in this state. Many cops know this law. It will be up to you to prove if your type of moped cannot travel this fast so you might want to print out the models specs....
Also also
even if you do appeal, the ticket itself is considered evidence that you did what the ticket says. (I forget the legal term.) I'm not sure what that means in your case, since it sounds like the ticket says you did something illegal, but then refers to a law which declares that behavior legal... for all I know, that could mean the ticket provides legal proof that you broke a law that doesn't exist. It's Massachusetts.
As others have said, the magistrate's hearing is nothing; it's a weed-out process. The trooper wasn't required to attend. The only way to get a real trial is by appealing the magistrate's ruling, and even then, it's stacked against you (since the ticket's evidence, and it's not a criminal trial, so the preponderance of evidence is against you by definition). Despite what Pete says, I've heard that if the trooper doesn't show, the state can request a postponement. (And, of course, the court schedules are based around the trooper's schedule in the first place.)
the ticket is itself evidence
that what the cop said you did was illegal, but like you said, if all you did was pass on the right (safely) and the trooper cited you for passing on the right, then you should have an easy case.
And Ive seen hundreds of judges appeals and have never seen the judge request a postpoement because the cop didnt show up. They can call you ahead of time and change it, but Ive never seen the court make someone come back again because the cop did not show up.
It could be different in Brookline but I doubt it.
what? you were melodramatic?
what? you were melodramatic? i find that hard to believe. Next we'll find out you were whining too.
you will never learn huh?
You should have just STFU and taken the warning way back when. I can guarantee that your moped is not in fact a moped as I have not seen a single one aroud this city that can't break 30 and I def have never seen anyone keep it under 25. Instead of just shutting up and enjoting our loophole, you had to be a dink and you got what you deserved. This drama has been entertaining, thanks for sharing...I would have been surprised if it ended differently.
Learn your lesson?
A couple of things...
Not to add insult to injury or placing blame; I just want to have as much facts as possible, but there are a couple of issues that I haven't seen addressed.
First, there is a second item (after the "keep to the right" item) in the first paragraph of MGL 90-1b that wasn't mentioned:
Every person operating a motorized bicycle...shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section, except that: (1) the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, and (2) the motorized bicycle operator shall signal by either hand his intention to stop or turn...
You didn't say whether you did signal when you moved over to the right. What if there were a cyclist coming down behind you and you didn't see him when you made your move without signaling and the two of you collided?
(I also noticed that in the "keeping to the right" it says that's allowed "when passing a motor vehicle which is moving in the travel lane of the way." So does that mean that the moped driver can't keep to the right to pass a motor vehicle when that motor vehicle is not moving or stopped in traffic? That's another issue for another day)
This second part is also shown on the moped registration. I wonder if you were aware of that when you were reading it to the officer. If you didn't see or were aware of it, maybe it was a good thing that the officer didn't read the registration like you wanted him to do. If you didn't signal and he saw that(and know MGL90-1b), he could have written that on your ticket if that was a ticketable offense.
Second, nowhere in your post do you mention the manufacturer/make/model/year etc. of your moped and the manufacturer's specifications for it. If I were the magistrate or judge hearing your case, I would likely have asked for that information since that was your argument against the ticket. When you went to your hearing, did you bring proof that defines your moped as a motorized bicycle under Massachusetts law? Also, on the motorized bicycle registration that defines the motorized bicycle, it notes that:
"Removal of the restrictor plate (mechanical part that restricts the speed of a moped) will result in the vehicle being classified as a motorcycle and require the operator to have a motorcycle license and the vehicle to be registered and insured as a motorcycle."
Since the registration states that "motorized bicycles may not be operated at a speed greater than 25 m.p.h.", I wondered if you had pictures of your moped, especially with the restrictor plate in it (if it's not that hard to get to it), just as a back up in case you were asked to prove your claim about your moped.
Was it worth it to fight it for $25? If I had car insurance and the ticket affected the rates, probably. I would have just taken the warning.
A couple of things...(part two)
I'm the commenter who posted the comment noting item 2 of MGL 90-1b (hand-signaling) and asking for proof of moped classification. (By the way, this was my first comment on this or any site and I'm kind of gun-shy in this commenting aspect of the blog world so that's why I’m anonymous for now.)
As I said before, in regards in keeping to the right, MGL 90-1b says that “the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way.” I stressed the “moving” because according to your post, you “pulled out to the right of the car in front of me and passed him to enter the intersection safely.” Was the car moving when you passed it or was it still stopped? I ask this because there have been many times when I was at a stoplight in my car waiting for the green when a motorcycle or a moped comes by and passes between me and the cars next to me and the cars stopped ahead of me (passing all to our right) to get to the front of the line before the light changes, and I’ve wondered if this was legal. After reading MGL 90-1b as it applies to motorized bicycles, if I read as it is worded, this does not seem to be legal.
In the original post that described your scooter situation, one of the commenters asked if your moped can go over 30 mph, which would classify and regulate it as a motorcycle. I never saw an answer to that question which led to my comments about proving that your moped is a motorized bicycle and not a motorcycle.
Again, I’m not trying to add insult to injury, criticize you or place blame on you. Granted, I’m commenting on this after the fact, but I want make sure all the bases are covered and every imaginable question I can think of regarding your situation has an answer given the facts that have been presented.