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Re: Speedy trial for traffic ticket? (Mass)




THE FOLLOWING IS NOT, OF COURSE, LEGAL ADVICE, JUST MY GENERAL OBSERVATIONS.

chesler@max.tiac.net (David Chesler) writes:

>  I have just received notice of a hearing for a traffic citation I
>was issued 2.5 years ago.  (There were a number of complications,
>including the RMV sending the notice of a hearing back then to
>Hudson, Mass, rather than Hudson, NH, and I never got it; also
>the original ticket said "unsafe lane change" [I'd made a lot of
>safe lane changes, I guess that adds up to one unsafe lane change :-) ]
>plus speeding, but since then it's only been speeding.)
>  I'd like to beat this because default means 6 years of insurance
>surcharges (or lack of safe-driver discount, same difference), even
>without a conviction ("found responsible") finding.

>  Question:  Is there a right to a speedy trial in a traffic
>violation?  Is 2.5 years not speedy in Massachusetts?  If so,
>how do I invoke the right (other than hoping the officer is
>truthful when I ask him "Do you really remember the events
>of October, 1992, or are you just reading notes?")
>  Statutes of limitations don't apply, do they?

"Right to a speedy trial" is a criminal concept.  Once you are charged
with a crime, you have a right to have your trial within a certain
fixed amount of time (so you don't have the crime hanging over your
head forever).

"Statute of limitations" is both a civil and criminal concept, and
refers to the maximum amount of time between the act in question, and
the commencement of legal proceedings.

I may be wrong about this, but I don't think that speeding is a crime
in Mass.  I think it is an administrative offence, so that the
proceeding is civil, rather than criminal.  

Whatever the case, your rights here are probably governed by statute.
You can find this out by going to your local public library, and
looking in the Massachusetts General Laws.  There's probably a chapter
on Motor Vehicle Violations.

-- 
larry kolodney:(lkk@world.std.com) 
_(*#&)#*&%)@(*^%_!*&%^!)*&#+!*&$+!?&%+!*&^_)*&#%)*&^%#+&
Free & Common Socage:Knight Service:Gavelkind:Frankalmoign:Burgage




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