Why fight it?

Traffic Enforcement

 

In Massachusetts, a speeding ticket is a civil offense.  Unlike criminal offenses, it is not mandatory to appear in court.  You have the choice to either accept responsibility and pay the ticket, or appeal the ticket and fight it.

With civil motor vehicle citations, the consequences can vary.  It is important to base your decision to fight it on whether the offense will generate any consequenses to your license, your insurance, or both.

  1. Is the ticket surchargeable?  In Massachusetts, violations are either surchargeable or not surchargeable.  It is important to determine whether the infraction is surchargeable.  If the infraction is not surchargable  (for example, a seat belt violation) it will not have consequenses on your license or insurance, and is merely a fine.  If the infraction is surchargeable, paying the fine could result in increased insurance costs, losing safe driver discounts, and license suspensions.
  2. How does your insurance handle this type of ticket?  it is a good idea to speak with your insurance company to see what consequence if any it will have on  your policy. Some companies offer a freebie where they will not surcharge the first ticket in 6 years.  Some surcharge for a first ticket.  Some revoke the safe driver discount on a first ticket but do not add in a surcharge.  It is important to know how your insurance company  handles the ticket.
  3. How long will it cause your insurance to go up?  Not all tickets are weighted the same.  It is good to ask your insurance whether it is something that may cause an increase in your policy for 2 years, 3 years, 4 years, or even 6 years.
  4. Will this ticket trigger a license supension? In Massachusetts, if you are convicted of 3 speeding tickets in 1 year, 3 moving violations in 2 years, or 7 surchargeable events in 3 years, you could be facing a license suspension. Appealling the ticket can push back the finding date usedto determine if you qualify for the suspension. Winning the ticket can keep it from counting towards these suspensions.
  5. Are you a Junior Operator? In Massachusetts, if you are a junior operator and convicted of a speeding ticket or texting ticket, there is an automatic suspension of your license, a hefty reinstatement fee, and a required driver retraining class you are required to take.  Further, for the speeding ticket, you must retake the driver’s test to get your license back.  A junior operator should ALWAYS contest the ticket.

If you were cited in Massachusetts and are considering fighting the ticket, contact Broadbent & Taylor at 508-438-1198 to discuss representation.  We offer free consultations for all traffic matters.

 

THIS BLOG WAS WRITTEN BY ATTORNEY KELLY BROADBENT.  THIS BLOG IS NOT MEANT TO CONVEY LEGAL ADVICE.  IT DOES NOT ESTABLISH AN ATTORNEY CLIENT RELATIONSHIP.

 

#FIGHTSPEEDINGTICKET #MASSACHUSETTS #CDL #JOL #LICENSESUSPENSIONS

 

 

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CDL Drivers Keep Right

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On the Massachusetts Turnpike (Route 90), and other roads deemed “Metropolitan Roadways” by the Commonwealth of Massachusetts, a special set of regulations exist governing travel on the highways.

Massachusetts 700 CMR 7.08 specifically deals with operation on the roadways, laying out protocol and special limitations when operating on these roadways.

With CDL Drivers, our practice encounters a lot of problems dealing with travelling in the left lane.  Specifically, 700 MCR 7.08 states: “(13) Keeping to the Right. (a) In the Tunnels. The operator of a truck, bus, school bus, or slow-moving motor vehicle in the Tunnels shall drive only in the right-hand lane unless a toll collector, Massachusetts State Police officer, or sign otherwise directs. 700 CMR: MASSACHUSETTS DEPARTMENT OF TRANSPORTATION 7.08: continued (b) On Ways Other than the Tunnels. The operator of a motor vehicle on a way other than the Tunnels shall drive in the lane nearest the right shoulder of the roadway, when that lane is available for ordinary travel, except when overtaking another vehicle in that lane or at the direction of a Massachusetts State Police officer or sign. When the lane nearest the right shoulder of the roadway is a creeper lane or breakdown lane, an operator shall drive in the lane adjacent to the creeper lane or breakdown lane, except when overtaking another vehicle in that lane or at the direction of a Massachusetts State Police officer or a sign.”

Essentially, if the road is a 2 lane road, the CDL vehicle should only be in the left lane when overtaking a vehicle or when instructed by an offier or a sign.  When dealing with the 3 lane road ways, the truck should travel in the right lane and only move into the middle lane for passing purposes.  The Left lane is a restricted lane and should not be used for passing purposes by CDL vehicles.  If you are caught in the left lane, Massachusetts State Troopers will issue a vioaltion under 700 CMR 7.08 for a Left Lane Restriction.

A big difference with Massachusetts, as opposed to other states, is that this restriction is NOT POSTED on the roadway.  CDL drivers that use Massachusetts roadways are expected to be aware of this difference and to compley with this restriction.

If you are issued a citation under 700 CMR 7.08, contact Broadbent & Taylor at (508) 438-1198 for representation on the citation.  Protect your license and your livelihood by contesting these tickets.

THIS BLOG WAS WRITTEN BY ATTORNEY KELLY BROADBENT.  THIS IS NOT LEGAL ADVISE AND DOES NOT FORM AN ATTORNEY CLIENT PRIVILEGE.

#trafficlawyer, #cdlviolation #massachusetts #speedingticketlawyer

 

 

 

But the light was Yellow!!

 

light

In my practice, I run into a lot of tickets written for red light violation.  When I speak with the operator, most are adamant that the light was not red when they passed through the intersection.  I hear over and over again “The light was yellow!”

In driver’s ed, many are taught to “stop if it is safe to do so”.  Most drivers interpret this to mean that  it is not necessary to stop if the light is not a solid red.

The application of the law is very different from the public understanding.  Under Massachusetts General Laws Chapter 89 Section 9 : “The driver of a motor vehicle shall not cross or enter an intersection, which it is unable to proceed through, without stopping and thereby blocking vehicles from travelling in a free direction. A green light is no defense to blocking the intersection. The driver must wait another cycle of the signal light, if necessary.”

The courts interpret this statute to mean that you cannot cross into an intersection unless you are fully able to clear the intersection without the light turning.  According to the language in this statute, even if the light is green, you are not to pass into the intersection if there is traffic that would prevent you from clearing the entire intersection.  If the light is turning yellow, the language encourages a driver to stop and wait another cycle of the light so that there is no danger of blocking the intersection or being caught in the path of other traffic who may be waiting for the green signal.

As the statute states, having a green light is not a defense if you have entered the intersection and are unable to clear through before the light changes to red.

This is a surchargeable event in Massachusetts that counts towards insurance increases and towards license suspensions.  If you have received a citation for a red light violation, contact Broadbent & Taylor at (508) 438-1198 to discuss fighting the ticket.

THIS BLOG WAS WRITTEN BY ATTORNEY KELLY BROADBENT.  IT IS NOT INTENDED AS LEGAL ADVICE.  IT DOES NOT FORM AN ATTORNEY CLIENT  RELATIONSHIP.

www. kbctlaw.com

#redlightviolation #fightspeedingticket #trafficlawyer #massachusetts

 

 

 

 

Work zone… twice the price!

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If you are driving in Massachusetts this spring and summer, keep a close watch out for areas marked as work zones.  These areas (especially on highways like the turnpike) typically have reduced speed limits.

In order to protect the workers and the police officers in these work zones, if you are stopped for speeding, the fine is doubled.  What that typically means is that instead of $10 per mile over the limit, you are charged $20.

Now if you combine the doubled fine with the reduced limit, a ticket in the work zone can really end up costing a lot of money for the fine.  Imagine a typically 65 mph zone.  The traffic is typically travelling around 75 mph.  This would usually result in a fine of $105.  Now drop the speed to 45 in the work zone and double the fine.  You are looking at a fine of $605.  This is before any insurance surcharges or possible license suspensions.

If you are cited for a speeding or other traffic violation, contact Broadbent & Taylor at 508-438-1198 to help you fight this.  An attorney can save you money on the fine as well as the more costly insurance surcharges.

Www.kbctlaw.com

#trafficlawyer #speedingticket #massachusetts

Not passing? Keep right?

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Everyone has been on the highway behind slower traffic, anxious to pass. And it seems that there is that person just lingering in the left lane, maybe going 1 or 2 miles faster than the right or middle lanes, but clearly not passing.

In Massachusetts, this is  violation that the state police have been heavily enforcing.  Travelling in the left lane is prohibited unless you are passing another vehicle. Not only is it annoying to other drivers, but it is also a civil violation that packs a fine and an insurance surcharge.

If you are on the highway, stay in the right or middle lane unless you need to pass.  Save other drivers from the annoyance factor and save yourself from getting a ticket.

If you have been stopped for a lane violation, contact Broadbent & Taylor today at (508)438-1198 to fight your ticket. 

#matrafficlawyer #laneviolation #keepright