Legal Question in Traffic Law in Massachusetts

Hey, I have a quick question. I was heading back on I-84 towards worcester MA coming up from stamford CT today. It was getting dark, i'd been up and on the road since 5 am. I was getting dizzy and didnt really realize that i was drifting into the left shoulder. I also didn't realize i was doing close to 80 in a 65 mph 3 lane highway. The cars around me all were in the 80-a couple doing 90 range. Anyways, i got pulled over. He said he estimated me at 80mph. He didn't radar gun me. I have no actual speed written down. A CT state trooper gave me a 175$ fine. 50 for lane violation and 100-something for failure to obey speed signs. I'm 18 and im really good about my speeds. I never meant to break the law tonight, and I'm wondering if in the case that I would say the same words I've said here, if the court would excuse my mistake seeing as I'm a first time offender with a valid excuse to why I was a little iffy on my driving tonight. It's not like it was noticably drifting either, i was just a little over the line he said. And 15 mph extra is nothing campared to what all the cars do (80-90mph on rush hour) But yes, i know, its not an excuse, because if 15 was excusable, people would push it to 20 over the limit and so on. Anyways, what are my chances with this?


Asked on 9/16/09, 10:27 pm

1 Answer from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

If you state these facts to the Judge on appeal you will lose. You admitted going over the speed limit and possibly weaving. The Judge has no choice but to find you responsible. The police office has the right to estimate your speed as it appears he did here. testimony that you were going even 1 mile over the speed limit and crossed the line even once will allow the Judge to rule against you. It is the law and the Judge does not have discretion if you say you did as it become undisputed.

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Answered on 9/25/09, 8:20 am


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