Legal Question in Criminal Law in Massachusetts
Challenging a traffic citation given following an accident
I was issued a traffic citation for "Failure to use caution when exiting a private drive" following an accident in which the other driver was racing to make a yellow light when he hit me. What is involved in challenging this citation? Do most people represent themselves? Who usually shows up to the hearings? Mind you, damage to my Tercel alone was $3800+. I don't know what his damages are yet, but he drove away from the scene in his Cherokee after the police report was filed by the responding officer.
2 Answers from Attorneys
Always challenge a ticket after an accident. Here's how and why.
First step: go to court on the day set down on the ticket and enter a plea of Not Guilty. Second step: hire an attorney with experience in defending traffic tickets. You may want to check with the National Motorists Association online for an attorney reference.
Generally, a person pulling into a street from a private driveway is required to "yield the right of way" to traffic on the street. "Right of way" means the right to continue in an established line of travel in a lawful manner. If the Cherokee was speeding, it was not proceeding in a lawful manner and did not have the right of way, so you beat the ticket.
Besides, any time you get a ticket out of an accident you should contest it. If you pay it, that can be used against you and your insurance company in any civil suit arising from the accident. Some insurance companies will deny coverage because you paid a ticket and put them into a position where they could not defend or settle a lawsuit.
==========================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be rep-resenting anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."===========================================================Where people fear the government, you have tyranny. Where the government fears the people, you have liberty. Thomas Jefferson===========================================================
How to contest a ticket
You can follow the instructions on the back of the citation for requestinga hearing. At thishearing, you can present evidence. If the citation is upheld by themagistrate, you may beable to appeal this to a judge. Many people choose to representthemselves but many othershire attorneys. Another consequence of the citation is a surcharge toyour insurance. Youhave the right to another hearing before the merit rating board toappeal the surcharge.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
