Massachusetts Driving Laws

Drunk Report, publishing names of people charged with drunk driving...what's the purpose?

If someone is going to get into a car, after going to party of having dinner with friends...is worrying that if they get pulled over and charged with drunk driving going to make them think twice?

First of all, just because someone is charged with operating under the influence - it does not mean they actually are, sometimes they are not paying attention and swerve - and get stopped.  Sometimes a plate light is out and they get stopped.  There are also many medical reasons why a person could appear to be drunk driving.

Second, I am not convinced that seeing a name in the police report does anything more than embarrass the person who is simply charged with an offense.

One thing that publishing reports of drunk drivers, whether they are found guilty or simply charged, is to make the District Attorneys and Judiciary very nervous about using their discretion to reduce a charge.  I'm not talking about someone who has been charged with a third offense drunk driving and had two previous offenses in the past few years, I'm talking about the lifetime look-back of Melanie's Law.  This means if you are charged with drunk driving now, and you have a conviction or a cwof (continuation without a finding) in 1977, and the prosecutor has a copy of the conviction, you are technically not eligible for a first offenders program.  Now, there are certainly more factors that are considered in deciding on whether or not someone is eligible for a first offenders disposition, such as whether or not they completed a program the first time they were found guilty or admitted to sufficient facts.

The Patriot Ledger has a column, that it runs regularly, called The Drunken Driving Record, where names of people charged with a second offense or higher of drunk driving are published in the local paper.  I am curious to find out if it acts as a deterrent or simply puts extra pressure on prosecutors, criminal defense attorneys and the judiciary.

If you have been charged with drunk driving (operating under the influence of intoxicating liquor) contact me at 617-328-6900 or email me at jfoley@sullivanandsweeney.com to set up a consultation.  At Sullivan & Sweeney, LLP we have the experience and expertise to handle your case.

More speeding tickets on the Mass Pike

Both of our local papers have had recent articles on the increased amount of speeding tickets that drivers on the Massachusetts Turnpike are receiving:

Troopers pick up ticketing rate on Pike, Boston.com, April 26, 2008.

Pike slaps more speeders, Denis tix hike is to boost budget, Casey Ross, Boston Herald

According to both articles,  state records show that 722 more speeding citations have been issued in the first two months of 2008, then were issued in the first two months 2007.   That's a 12% increase and potentially 4,332 more tickets issued on the Mass Pike than were issued last year.

If you get a speeding ticket on the Pike and are found responsible, you will get surcharge points on your insurance, which means more costs and fees.  If you have received a speeding ticket or other citation for a moving violation on the Pike, call me for a consultation at 617-328-6900 or email me to arrange a time to meet.  You have the right to have a lawyer represent you at all hearings, including at a ticket appeal before a Clerk Magistrate.

What happens at a Clerk's Hearing for a Speeding Ticket?

The time has come, you have gotten a speeding ticket (or a citation for some other civil moving violation), you mailed in the ticket, you got a notice for the date, and now it's game time.

Who is going to be there?

• Clerk Magistrate
• A Police Officer
• you (and your lawyer if you hire one to represent you)
• Any other witnesses

Is the officer who issued you the citation going to be there?  No, probably not.  All that is required under Massachusetts Law is that a representative from the police department be present.  The officer who gave you the ticket does not need to appear.

The officer will only go by the information that he received from his colleague who pulled you over and that is all he or she needs. 

The officer makes his or her case.

The Clerk Magistrate decides what to do about the citation.  Sometimes they will not issue the citation, sometimes they will reduce the fine and issue the citation, and sometimes they will issue the citation.

Does hiring an attorney to represent you help?

Yes, often it does (although nothing in is a guarantee) An attorney can advocate on your behalf.  Hiring an attorney to represent you at a Clerk's Hearing, is usually cheaper in the long run.  If the citation issues you will have surcharge points added to your driving record, and your insurance will increase 5% for each point!  This can get expensive.  (See Automobile Insurance Surcharges)

If you are not satisfied with the result of the Clerk's Hearing, you can appeal to a Judge.  At this hearing it is required that the police officer who issued the citation appear and give testimony.

For more information on Automobile Insurance Surcharges see:

Automobile Insurance Surcharges

Safe Driver Insurance Plan