Massachusetts Driving Laws

A speeding ticket can cost you!

What can it actually cost you if you get round responsible for a moving violation?

Well, if you look at the Safe Driver Insurance Plan in Massachusetts (which explains how insurance points are accumulated), each point costs approximately 5% of your insurance premiums.

If you are a junior operator, you only need to be found responsible for one speeding ticket to lose your right to operate a motor vehicle for 90 days!

Summer is coming and a summer without a license can mean a summer without a job, and without the means to hang out with your friends at the beach while your parents work!

If you are a junior operator and have gotten a speeding ticket, appealing it might save your license and your summer.  Call me at 617-328-6900 or email me at jfoley@sullivanandsweeney.com.

Big news at the Massachusetts Registry of Motor Vehicles

There are some big changes at the Massachusetts Registry of Motor Vehicles, the outgoing Registrar, Anne Collins, has been given a senior position in the Executive Office of Transportation by Deval Patrick.  She will be replaced by Rachel Kaprielian, a Democrat from Watertown. 

It is well known that Anne Collins took her job seriously, and thus made it difficult for Massachusetts Drivers to get hardship licenses and remove suspensions.  She can say that she helped make the roads safer by enforcing legislation.  She did a wonderful job.  She is very smart and successful.  The new Registrar has dedicated her life to public service and it will be interesting to see what if any changes take place at the Registry of Motor Vehicles.

Here are some recent news articles annoucing the change:

Krapielian named motor vehicle registrar, The Boston Globe, May 21, 2008

New RMV boss' hubby has drunk-drive history, The Boston Herald, May 22, 2008

BREAKING: State Rep. Rachel Krapielian has been tapped to be the registrar of motor vehicles, Wicked Local, May 21, 2008

If you have a problem with the Registry of Motor Vehicles (i.e. a license suspension, immediate threat or hardship) please contact me for a consultation at 617-328-6900 or email me at jfoley@sullivanandsweeney.com.  At Sullivan & Sweeney, LLP we have the experience, reputation and expertise to assist you.

More backlash against elderly drivers

Elderly drivers are currently getting very bad press.  There was an opinion in the Patriot Ledger today by Lauren Munger of South Weymouth, asking families to be held accountable for assessing the driving ability of elderly drivers in their families.

Certainly, there are some drivers who shouldn't be on the road for a variety of reasons.  I would venture to say that most of the reasons that someone shouldn't be operating a motor vehicle have nothing to do with age. 

Changes in medication, vision changes, cataracts, license suspensions, undiagnosed medical conditions, repeated driving offenses and moving violations are all reasons why someone might lose their license from the RMV.  Many of the reasons are correctable over time, medications can be changed or monitored, vision can be monitored and prescriptions changed, or someone can go and see their doctor to get a diagnosis.  If someone can't drive for legal reasons, they can appeal to the Registry of Motor Vehicles with an attorney and either get their license back, or get a hardship license.  Usually, if your license is suspended for legal reasons you can get it back sooner or later (but not always).

There are people of every age who get into car accidents, and people of any age who should not be driving for medical reasons.  There are certainly circumstances where people should not be driving, but it should be for a good cause and not at the whim of an irate police officer or a nervous relative. 

Recently, I was in Brockton District Court on a matter, and was witness to one of the saddest and most depressing pleas and sentencing I had ever seen.  Jane Berghold plead guilty to two counts of negligent motor vehicle homicide and one count of serious bodily injury.  It was a tragedy, but I do not think that every single driver over a certain age should be punished for a mistake.  There are young 80 year olds and old 35 year olds.   

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

A Warning instead of a Speeding Ticket?

    Recently, the The Boston Globe, published an article: Warning! When it comes to traffic tickets, it matters where you get stopped. by Ralph Ranalli and Manny Veiga.  The authors investigated whether drivers are more likely to get warnings or ticketed for moving violations in approximately 21 local cities and towns.  Turns out, according to their research, that in many towns you are just as likely to get a warning as a ticket for a moving violation. 

    Needham, Dover, Wellesley, Southborough, Lincoln and Newton all reported more warnings then citations.  There is certainly advice on how to avoid a speeding ticket: crying, begging, being polite.  (see also Stopped by a Police Officer?)

    According to to the investigation conducted by the reporters of The Boston Globe, the police actually have discretion as to whether or not they give out a citation.  If the incident involves threats to the public safety - even if your driving record is clean - you are likely to get cited.  If you are going 5 mph over a speed limit, you will probably get a warning. 

   The officers said that warnings work - and that's why they use them.  On the other hand, if you have been given 20 warnings - it's likely you are going to get a ticket.

For more information see:

Warning! When it comes to traffic tickets, it matters where you get stopped (The Boston Globe, March 31, 2008, by Ralph Ranalli and Manny Veiga)

Some Towns Give out More Warnings

Massachusetts Police are on increased patrols due to the ROAD RESPECT campaign

The State Police Office of Media Relations issued a press release announcing that they have teamed up with Massachusetts Local Police in a campaign to reduce aggressive and distracted driving.

What does this mean?  This means more patrols out on the highways, and in the local cities and towns.  It is a statewide effort that runs from March 26, 2008 through April 16, 2008. And yes, this probably means that more tickets will be issued.   

As always, the best way to avoid being found responsible for a speeding ticket and/or being charged with a criminal driving offense is to avoid getting stopped.  Some tips issued by the Registry of Motor Vehicles are:

• Obey speed limits.
• Signal.
• Don't weave in and out of lanes.
• Don't tailgate.
• Never run yellow lights.
• Don't block intersections.
• Let other drivers pass and merge as necessary.
• On multilane roads use the left lane for passing only.
• Refrain from unnecessary use of your horn.
• Avoid distracted driving.

Don't they know that they live in Massachusetts?  Driving is serious, but if you drive around here for more than five minutes, chances are you will do one of the above things.  It would have been easier if they said "pretend you live in a Southern State and drive accordingly". 

If you do receive a citation or are charged criminally, you have the right to have a lawyer represent you.  Don't let a driving offense or citation ruin your driving record.  Don't lose your right to operate a vehicle. For more information call me at 617-328-6900 or email me to set up a consultation.

For more information see:

WBZ News Article

Road Respect

Drag Racing penalties are harsh!

If you are an adult driver in Massachusetts, and you are charged with drag racing, you now face much more serious penalties then you did prior to February 26, 2008. 

Prior to the new law individuals charged with drag racing faced the following penalties:

Adults

• 1st offense: $100-$500 dollar fine and a 30 day license suspension.
• 2nd and subsequent offenses:  $200-$1000 dollar fine and a 60 day license suspension.

Junior Operators

• 1st offense: $250; plus 1 year license suspension; plus $500 to reinstate license; plus completion of the state courts against road rage program.
• 2nd and subsequent offenses:$500; plus 3 years license suspension; plus $1000 to reinstate; plus completion of the state courts against road rage program.

Interestingly, the new law does not address junior operators, but non-junior operators.  The new law, that is currently in effect is:

• 1st offense:fine of not more than $1000 or imprisonment up to 2/12 years in a House of Correction, a license suspension of at least 30 days.
• 2nd offense: fine of not more than $1000 or imprisonment up to 2/12 years in a House of Correction, a license suspension of at least 180 days.

If you have been accused wrongfully (or not), a lawyer can help you protect your rights, and fight the case!

If you have been charged with drag racing in Massachusetts, call me at 617-328-6900 or email me to set up a consultation.  When you call, ask for Attorney Jessica Foley.

For more information see:

Massachusetts General Law, c. 90, s.17B

Massachusetts Law Updates

Some towns give out more warnings

I have always wondered, why when I'm in court, there seem to be more people appealing tickets from certain towns.  Is it because some towns give out more tickets?  Or is it because tickets appeals are scheduled by town for certain days?  Ticket appeals before a clerk are definitely organized by town - because there is no requirement that the police officer who issued you the citation appear before the Clerk Magistrate. All that is required is that a representative from the Police Department represent the Police Department at the hearing.  However, when there are ticket appeals before a Judge some towns are more represented than others.  Police Officers are required to appear for appeals to a Judge.

Recently, The Boston Globe, did a study on warnings versus tickets for towns around Boston.  The study found, that in fact, some towns do hand out warnings more readily than others.  For example, if you are stopped while traveling through Duxbury, Mattapoisett or Quincy, you are much more likely to get a warning than if you are stopped in Avon, Freetown, Hull, Marshfield or Milton.  How does your town compare?  See the graph published by The Boston Globe depicting where you are most likely to get a ticket versus a warning. 

Of course, the Globe Reporters who wrote the article, followed up with some of the police chiefs in local towns.  There answers as to why some towns gave out more tickets than warnings and vice versa varied.  Marshfield's Police Chief, William Sullivan, stated that the records might not reflect actual traffic stops by his officers, and that the data may be incomplete, because they may give drivers verbal warnings.  Duxbury Police Chief, Mark DeLuca stated that the purpose of traffic stops is to educate drivers, and if the officers believe that the driver got the message, they are more likely to get a written warning.  For more information see Getting a Speeding Ticket, in this Sunday's Boston Globe. Manny Veiga and Matt Carroll did a great job exploring the 'speeding ticket' culture around Boston.

If you were not lucky enough to get a warning, and instead got a speeding ticket, you should consider hiring a lawyer to fight the ticket for you.  The surcharge on your insurance will end up costing you a lot more than hiring an attorney.  The new license laws are tough, especially for junior operators.

One speeding ticket and a junior operator's license will be suspended.

If you would like more information please feel free to email me or call my office at 617-328-6900 to set up a consultation.

How do our cell phone laws compare?

Cell phones and driving have been in the news in Massachusetts quite a bit lately.  That is because there is yet another bill pending to limit (and in some cases ban) how we can use our cell phones when driving. 

How do other states handle this issue of legislating common sense?  (Which, given the fact that people actually receive and write texts while driving, might be a good idea).  Currently, in Massachusetts, each town or city has the authority to ban cell phone use while driving within their city or town.  Interestingly enough, the only town that has actually enacted an ordinance to prohibit talking on a cell phone while driving is Brookline.  This means if you live or work or travel through Brookline, you had better stop talking or get a hands free device. 

Currently, the only people who are not allowed to use cell phones while they are driving in Massachusetts are school bus drivers.  According to the Insurance Institute for Highway Safety Massachusetts joins Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Georgia, Illinois, Kentucky, New Jersey, Rhode Island, and Tennessee.  If you are counting that leaves 38 states that allow school bus drivers to talk on a cell phone while they are driving kids around! 

Only 6 states have statewide bans on talking on a hand-held cell phone while driving: California, Connecticut, New Jersey, New York, Utah, Washington.  The District of Columbia also has a ban.  Of these states, the only state that only Washington and New Jersey have explicit text messaging bans.

Massachusetts is on the leading edge of this new law.  Now let's wait to see if it passes through the Senate.