Fighting speeding tickets in Massachusetts...
Here is some advice for those of you contemplating fighting a civil moving violation in MA. I am posting this information in response to the number of requests I have been receiving. These forms are only guides to aid residents in fighting civil moving violations. When fighting any moving violation you should consult with an attorney. If you have decided to fight your civil moving violation, don't hesitate requesting the proper information from the police, don't wait until the day before your hearing date, request the information as soon as possible as it can take a couple of weeks or more to receive the information. When requesting forms from the police always send them via registered mail, so you'll have a copy of the signature. Always make a duplicate copy of your request forms and receipts, never bring the originals to court unless requested. When attempting to find out where a police officer graduated , call the non-emergency number of the police station where the officer is stationed and ask the clerk or desk officer for the Academy name and address. If your request has not been answered at the time of your hearing date you could ask the Clerk Magistrate to dismiss the charges. The Magistrate may ask you for proof that you requested the information, so bring the copies to Court.
Links: http://www.motorists.org/ma/oldmanews2.htm
This document will show you what every State trooper in MA is supposed to perform before and after issuing a moving violation.
http://www.motorists.org/ma/State%20Police%20Speed%20Measuring%20Document%202.pdf
Lidar rulings and information:
http://www.thenewspaper.com/news/23/2348.asp
http://www.thenewspaper.com/rlc/docs/2008/oh-miko.pdf
http://www.copradar.com/preview/chapt7/ch7d2.html
http://www.radardetector.net/forums/
Three public information request forms are provided below...
Public information request form #1:
Public Records Officer
(address)
(insert date), 200( )
Dear Sir or Madam:
Under the provisions of the Commonwealth’s Public Records Law, M.G.L. c. 66 § 10, and related statutes, I am requesting information and records necessary to contest a citation written by officer….on (insert date), 200( ) In … MA within the jurisdiction of ….Court.
The citation #… was issued for a violation of M.G.L. c. 90 § 18.
In order to investigate my appeal, I am requesting access to the following public
records:
• Training records pertaining to officer’s….certification and continuing education relating to traffic speed enforcement;
• Documentation of officer…..training on the device used to measure my
speed, prior to the issuance of citation # ….;
• Officer ….daily log for the day of 00/00/00
• Officer …RADAR log for the day of 00/00/00
• A reproduction of both sides of officer …copy of the citation# … on 00/00/00;
• The name, model, and serial number of the speed measurement device used to ascertain the speed of the vehicle described in citation # …;
• The maintenance and certification records of the speed measurement device used to ascertain the speed of the vehicle described in citation # …;
• The serial number of the tuning forks used to calibrate the speed measurement
device to ascertain the speed of the vehicle described in citation #...;
• The certification and test results of the tuning forks used to calibrate the speed
measurement device used to ascertain the speed of the vehicle described in
citation # …;
• A copy of the FCC license that allows the agency to operate the RADAR lawfully on the frequency or range of frequencies used to ascertain the speed of the vehicle described in citation #...
I am prepared to reimburse the …Police Department for the fees of photocopying the records I have requested, as provided in 950 CMR 32.
If all or any part of this request is denied, please cite the specific exemptions included in M.G.L. c. 4 § 7(26) that you think justify your refusal to release the information, and inform me of the appeal procedures available to me under law.
I am also enclosing a copy of SPR Bulletin No. 3-03 from Supervisor of Records Alan N.Cote.
http://www.sec.state.ma.us/arc/arcrmu/rmubul/bul303.htm
I would appreciate your handling this as quickly as possible, and I look forward to
hearing from you within 10 days, as the law stipulates.
Sincerely,
Public Information Request Form #2:
Public Records Officer
(Address)
date, 200( )
Dear Sir or Madam:
Under the provisions of the Commonwealth’s Public Records Law, M.G.L. c. 66 § 10, and related statutes.
I am requesting information and records necessary to contest a citation written by Officer…Citation # … on (insert date), 200( ).
Please provide the following information concerning officer … :
#1 The ...Police standard operating procedure for log books.
#2 The ...Police standard operating procedure for logging in lidar or radar guns.
#3 The ...Police standard operating procedure for testing lidar or radar guns, before and after an officer’s shift.
#4 The ...Police standard operating procedure for using tuning forks in association with lidar or radar guns.
#5 The ...Police rules and regulations on lidar guns, handling and usage.
I am prepared to reimburse the ...Police Department for the fees of photocopying the records I have requested, as provided in 950 CMR 32.
If all or any part of this request is denied, please cite the specific exemptions included in M.G.L. c. 4 § 7(26) that you think justify your refusal to release the information, and inform me of the appeal procedures available to me under law.
I am also enclosing a copy of SPR Bulletin No. 3-03 from Supervisor of Records Alan N.Cote.
http://www.sec.state.ma.us/arc/arcrmu/rmubul/bul303.htm
I would appreciate your handling this as quickly as possible, I look forward to hearing from you within 10 days, as the law stipulates.
Sincerely,
Public information request for officer's training records:
Public Records Officer
Police Academy
(find out where the officer graduated)
Address
(insert date), 200( )
Dear Sir or Madam:
Under the provisions of the Commonwealth’s Public Records Law, M.G.L. c. 66 § 10, and related statutes.
#1 I am requesting all of officer ... training records.
#2 The ...police department standard operating procedure for log books.
#3 Documentation of officer ...training and certification on lidar or radar devices used to measure speed.
#4 Police officer ... certification on the proper handling of evidence.
I am prepared to reimburse the ...Police Department for the fees of photocopying the records I have requested, as provided in 950 CMR 32.
If all or any part of this request is denied, please cite the specific exemptions included in M.G.L. c. 4 § 7(26) that you think justify your refusal to release the information, and inform me of the appeal procedures available to me under law.
I am also enclosing a copy of SPR Bulletin No. 3-03 from Supervisor of Records Alan N.Cote.
http://www.sec.state.ma.us/arc/arcrmu/rmubul/bul303.htm
I would appreciate your handling this as quickly as possible, I look forward to
hearing from you within 10 days, as the law stipulates.
Sincerely,