Legal Question in Traffic Law in Massachusetts

A few weeks ago, I was stopped at a red light, the first car in line. The light turned green and I proceeded - spiritedly to avoid the car on the right of me (he had blinker on to go left) from cutting in front of me. The street is a major road in a major city center, the time was 5PM, and traffic was heavily packed and for the most part not moving. <1000 feet down the road, I stopped at another red light. Behind me, I see a police cruiser weaving through stopped traffic, who proceeds to pull me over.

I get a ticket, $50 for "Harsh and objectionable noise" (90-16) and $250 ticket for 60 in a 35 (90/18) with only "Clocked" and "Estimated" checked. In the several hundred feet I was traveling, among heavy traffic, it was not possible for me to exceed 45mph, which I did not. The car is a completely stock sports car, and all exhaust and parts are likewise stock. The officer did not capture my speed or noise level on any instrument, to the best of my knowledge. He also was not traveling behind me at any point to clock my speed, as he only began traveling behind me once I was at a full stop.

What defenses am I afforded under the law? I am a young male (<25 y/o) who was driving a high end car, and I feel I was unfairly discriminated against.


Asked on 1/04/10, 10:47 am

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

You should retain an attorney to request a clerk's hearing, if it is not too late to do so, or to represent you at arraignment to seek to have the matter remanded to a clerk's hearing to minimize your record with the court and the Registry of Motor Vehicles. Good Luck!

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Answered on 1/11/10, 8:32 pm


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