Leaving the scene of an accident is a crime!

In Massachusetts, if you are involved in an accident and there is any evidence of property damage or personal injury, you are responsible for making your identity known to the other parties.

In most cases, what that involves is stopping, exhanging your telephone numbers, license information, and insurance information, then contacting your insurance company.  But what do you do if it is not a typical accident situation?

In many cases, a person will strike an object such as a telephone pole, a building, curbing, a fence, a parked car or something similar.  There isn’t any identifying markers saying “If you hit me please call.”  If it is a parked car, some people will leave a note with contact information.  That isn’t a viable option in cases of a pole or a fence.

If you are involved in an accident with an object, call 911 and immediately report the matter to the police.  They will come, fill out an accident report, and you will be on your way.  If you do not, you risk being cited with leaving the scene of property damage, which is a criminal matter.  You can expect to receive a summons from the police for an arraignment or show cause level hearing.

If you hit a car with passengers and you do not stop to exchange information, you are subject to being charged with leaving the scene of personal injury.  Because there are victims that are physically hurt, rather than property that was damaged, these cases are treated very seriously.  If you leave the scene of a person that was injured without exchanging information or calling the police, you can expect to be charged under this statute.

If you are charged with leaving the scene of property damage or personal injury, you should contact an attorney immediately.  Make sure your insurance company is aware so that any damage can be covered as soon as possible.

Contact Broadbent & Taylor if you have been charged with these crimes.  Broadbent & Taylor represents clients across Massachusetts in motor vehicle matters.

 

 

THIS BLOG IS WRITTEN BY ATTORNEY KELLY BROADBENT.  IT IS NOT INTENDED AS LEGAL ADVICE.

 

 

 

 

 

Advertisements

Defending CDL Traffic Violations

While a speeding ticket is an expensive nuisance for most drivers, a driver with a CDL license has added consequences when dealing with a moving violation.

If you receive a ticket in Massachusetts and you have a CDL license, you should strongly consider appealing the ticket.

  1. Your employer may suspend or terminate you because of the citation.
  2. Costs for insurance may skyrocket.
  3. The DOT considers number of miles over when dealing with points or suspensions.  If you are driving a CDL vehicle and are cited, the number of miles over the limit can greatly impact the consequences on your license.

If you have received a citation in Massachusetts and you have a CDL license, contact Broadbent & Taylor  at (508) 438-1198 to schedule a free consultation.Having an attorney to represent you and guide you through the options with these tickets increases your chances of a favorable outcome.  .  We represent commercial drivers across Massachusetts.

Automatic Defense in MA to traffic ticket with MGL 90c S2

In Massachusetts, an officer is required to provide you a copy of the citation at the time of a motor vehicle stop.

MGL Chapter 90 c Section 2 outlines the requirements of the officer to give the ticket in hand:

Notwithstanding the provisions of any general or special law, other than a provision of this chapter, to the contrary, any police officer assigned to traffic enforcement duty shall, whether or not the offense occurs within his presence, record the occurrence of automobile law violations upon a citation, filling out the citation and each copy thereof as soon as possible and as completely as possible and indicating thereon for each such violation whether the citation shall constitute a written warning and, if not, whether the violation is a criminal offense for which an application for a complaint as provided by subsection B of section three shall be made, whether the violation is a civil motor vehicle infraction which may be disposed of in accordance with subsection (A) of said section three, or whether the violator has been arrested in accordance with section twenty-one of chapter ninety. Said police officer shall inform the violator of the violation and shall give a copy of the citation to the violator. Such citation shall be signed by said police officer and by the violator, and whenever a citation is given to the violator in person that fact shall be so certified by the police officer. The violator shall be requested to sign the citation in order to acknowledge that is has been received. If a written warning is indicated, no further action need be taken by the violator. No other form of notice, except as provided in this section, need be given to the violator.

A failure to give a copy of the citation to the violator at the time and place of the violation shall constitute a defense in any court proceeding for such violation, except where the violator could not have been stopped or where additional time was reasonably necessary to determine the nature of the violation or the identity of the violator, or where the court finds that a circumstance, not inconsistent with the purpose of this section to create a uniform, simplified and non-criminal method for disposing of automobile law violations, justifies the failure. In such case the violation shall be recorded upon a citation as soon as possible after such violation and the citation shall be delivered to the violator or mailed to him at his residential or mail address or to the address appearing on his license or registration as appearing in registry of motor vehicles records. The provisions of the first sentence of this paragraph shall not apply to any complaint or indictment charging a violation of section twenty-four, twenty-four G or twenty-four L of chapter ninety, providing such complaint or indictment relates to a violation of automobile law which resulted in one or more deaths.

In the instance a defense is raised under MGL 90 c Section 2, the officer or representative must then meet a test as to whether a) the violator could not be stopped; b) where additional time was needed to determine the nature of the violation or the identity of the violator; or c) the court deems some other circumstance was present that may justify the faulure.

If you were mailed a citation by the police in Massachusetts, contact our office for a consultation as to whether this defense may pertain to your case.  Broadbent & Taylor offers a free consultation to all clients at (508) 438-1198.