Legal Question in Traffic Law in Massachusetts

Reckless Operation on Military Base (civillian)

I am a civilian who was stopped by base police and cited for ''Reckless Operation As to Endanger''. The officer stated that I was traveling 35mph in a 15mph zone and that it was the base commanders policy to cite for reckless operation for anything over 15mph near a residential area. He said I was speeding (in daylight) when I came down a short hill and he acknowledged that I had come to a proper complete stop at the stop sign at the base of the hill. On the ticket it says MGL CH 90 sec 24 (ma state code for reckless operation). It says nothing about speeding on the ticket. I'm aware that this is a criminal misdemeanor that will force me to go to federal court.

I have no prior offenses and haven't had a speeding ticket in 9 years. I truly did not believe I was speeding.

What is the process at the federal courthouse? Do I need a lawyer? What are my options? Can I somehow plea to a non-criminal speeding ticket? What are the penalties for this violation?

Thank you.


Asked on 11/13/08, 10:33 am

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Reckless Operation on Military Base (civillian)

It sounds like this was a dual jurisdition base and you have been cited for operating to endanger which may be tried in the local district court rather than before a federal magistrate.

The penalties range from a continuance without a finding to a fine and potential suspension of your license and an insurance surcharge.

You should be able to tell from the citation (ticket) what court the matter will be in and should retain an attorney to represent you as soon as possible to minimize the penalties. Good Luck!

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Answered on 11/13/08, 2:37 pm


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