Legal Question in Traffic Law in Massachusetts

I was riding my motorcycle in very heavy traffic on a dangerous highway in poor visibility. Cars were coming close to hitting me so i started riding in the break down lane to the next exit. I was pulled over and charged with negligent driving and no brake lights. I showed the officer my working brake lights but he refused to revoke the charge. He did say hed make a note that my lights were working once pulled over. The breakdown lane was wide, no one was hurt, and i was worried for my own safety. Would the fact he couldnt even see my brake lights be a way to defend my self against the negligent driving charges? It this complex enough that I should hire a lawyer, or do you think with enough research i couuld defend myself. Thanks


Asked on 12/03/09, 11:48 am

1 Answer from Attorneys
Kevin Gaughen Jr. Gaughen, Gaughen, Lane & Hernando

The charges you describe do not make it clear whether you were charged with Negligent Operation (a crime punishable by 2 years in jail) or some lesser civil infraction (which could potentially result in license loss). If you were charged with a criminal complaint you will have to appear for an arraignment, if you simply face a traffic ticket you are given the option to pay the ticket or contest it. A lawyer can help you in a civil ticket appeal and is necessary if you are facing (potential) jail time in a criminal case.

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Answered on 12/09/09, 11:33 am


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