But the light was Yellow!!

 

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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

 

 

 

 

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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

I received a speeding ticket! What next?

In Massachusetts, the state and local police are out in full force during the summer months handing out speeding tickets and other traffic violations.

While the fine can hurt, the hidden costs of these traffic violations are really what to look out for.

First, if you pay the ticket, be prepared for your insurance to go up.  All moving violations are surchargeable incidents in Massachusetts meaning that with each violation your insurance company has the choice to raise your insurance for up to 6 years for each violation.

The second hidden consequence of these tickets is the possibility of license suspensions.  In Massachusetts, if you receive 3 speeding tickets in one year there is an automatic suspension to your license. And with other moving violations, you could be facing a suspension after 3 moving violations in 2 years including at fault accidents.

Where the stakes are high for both your purse strings and your right to operate, appealling the ticket is the best choice.  In Massachusetts you have 20 days to elect the hearing.  If you fail to do this, you could lose out on the chance to appeal the ticket.

Broadbent & Taylor is experienced in fighting the traffic citations and doing everything possible to help you avoid costly surcharges and license suspensions.

Contact Attorney Broadbent at (508)438-1198 to schedule a consultation for your ticket or suspension issue.

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

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.