Legal Question in Criminal Law in Massachusetts

I unknowingly allowed an unlicensed driver to drive my car. We got pulled over - the cop said we were speeding. He then gave the driver a sobriety test and said he failed. He arrested him. Now I just got a citation in the mail saying I need to go to court, says it's a criminal application. What happens? Will I go to jail? Or be fined? I didn't know he didnt' have a license. I have never been in trouble before. What happens???


Asked on 1/18/12, 6:05 pm

3 Answers from Attorneys

Peter DeGelleke Peter G. DeGelleke, Attorney at Law

You're not going to jail and you may not even need to see the judge if the clerk magistrate does not issue the complaint. To get a hearing before the clerk you need to fill out the back or the ticket , request a hearing and file it in the district court clerk's office. Save a copy of the ticket, and if you mail it, do it by certified mail. If you do it in person, ask them to stamp your copy so you have a receipt. You will be notified of a hearing, but it may take a few months. You probably stand a better chance of getting it resolved at that level if you have a lawyer represent you, although you can represent yourself if you choose. If the clerk decides that you will see the judge, it would still be highly probable that you will not have a conviction. I would be willing to speak with you in more detail. My phone is 978-369-2252.

Hope this helps.

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Answered on 1/18/12, 7:37 pm
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney to preserve your driving record and to file for a clerk-magistrate's hearing if the time limit to do so has not expired. Good Luck!

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Answered on 1/19/12, 11:11 am


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