Legal Question in Traffic Law in Massachusetts
failing to stop and speeding
1/12/08,Sat. 4:30am,dark,clear conditions,dry road surface,No other cars on the road.As I reached the stop sign at the end of my st. I stopped quickly looked and pulled out ,no cars in sight.As I pull out a car turns the corner and is behind me.The car tailgates me so close that all I can see is headlights in my mirror, I pick up the pace because I thought maybe it's someone late for work like myself or some kids I don't know,4:30am? 1.5 miles down the road,blue lights.I pull over the officer says do you know why I pulled you over? I said ,maybe I was going a bit too fast ?,he says ,''you didn't stop at the stop sign 1.5mls.back I asked why he tailgated me ,he said that's not tailgating that's clocking and handed me a $350. ticket and says you can protest it if you want ,I sugguest you do! Failure to stop at a stop sign and going 40 mph. in a 15mph. posted area. I'm 47 ,I have never been arrested and I have a clean driving record.I sent the ticket in for a hearing.What should I do? Do I need a lawyer?My hearing date is 5/8/08.I've never had to do this before. I may have been going faster than 15mph. but,I don't believe 40mph.He didn't see me stop at the sign because he hadn't turned the corner yet.if he had I couldn't of pulled out
1 Answer from Attorneys
Re: failing to stop and speeding
In my opinion it is always worth it to have an attorney at a clerk's hearing. That is the first step. Check out my website Massachusetts Driving Law. I represent individuals at clerk's hearings on a regular basis. Jessica