Massachusetts Traffic Ticket Frequently Asked Questions*
Question: Do you handle moving Violations other than Speeding?
Answer: Yes, we handle all matters directly relating to driver's license suspensions and surcharges. As well as all civil and criminal matters relating to Motor Vehicles including drunk driving, operating to endanger, immediate threat, complaint medical and related matters.
Q: How much are your Services?
A: Fees start at $1500 Please see: How Much Does it Cost?
Q: do I need to meet with you to hire you for traffic citation representation?
A: No. We accept traffic citation work by mail. You can send a copy of your hearing notice and a copy of the citation and the minimum legal fee $1500.00 paid to Nathan Law Office with a self-addressed stamped envelope and your business card to: Nathan Law Office, 132 Boylston Street, 5th FL., Boston MA 02116; Attorney Nathan will contact you upon receipt.
Q: Will a traffic ticket affect my insurance rates and ability to drive?A: Yes. A straight speeding ticket IN ANY STATE will typically cost you about $1500 in Massachusetts increased insurance costs, in loss of safe driver step. Additionally, the RMV may suspend drivers' license privileges for those whose individual citation reflects extremely high speeds or who accumulate a number of responsible findings for tickets. Three (3) tickets in a 12 month period will trigger a 30 day license suspension. For further insurance surcharge information please contact Commonwealth of Mass, Merit Rating Agency 617-351-4400.
Q: Does the police officer have to appear in court, and if he fails to appear will I win by default?
A: Under Massachusetts law the ticket itself may be considered evidence at the initial hearing, and the citing officer does not need to be present at this hearing. At your hearing the magistrate will usually find you responsible on the basis of the ticket, unless you appear with counsel experienced in Motor Vehicle Law. The citing officer or representative of the police does need to be present at judge's review hearings.
Q: The officer didn't ask me to sign the ticket. Is the ticket still valid?A: Although the law requires the police officer to ask you to sign the ticket. They rarely, if ever, do. Courts almost never dismiss the ticket for this procedural violation.
Q: The officer didn't check radar or clocked. Is the ticket still valid?A: Yes. Although this may raise some question as to how your speed was calculated, the ticket will not be dismissed on that basis.
Q: I am sending my ticket in to a post office box in Boston to claim an appeal. Will the hearing be in Boston?
A: The hearing will occur in the nearest District Court to wherever you were stopped and issued the uniform citation.
Q: The road I was stopped for speeding has no posted speed. Can I get the ticket dismissed?A: The law says:
"No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper"
The law continues to say the following are prima facie evidence of unreasonable speed if no speed limit is posted:
Exceeding 30 MPH for 1/8 mile in a "thickly settled" area (business district, or where houses average less than 200 feet apart for 1/4 mile).
Exceeding 40 MPH for 1/4 mile on an undivided highway outside a thickly settled area.
Exceeding 50 MPH for 1/4 mile on a divided highway outside a thickly settled area.
Exceeding 20 MPH in a school zone.
"Prima facie" evidence means that your speed is presumed to be unreasonable if you exceed these speeds and no additional evidence is required, however you are allowed to present evidence that your speed was reasonable.
Q: Can we change the date of a hearing. The notice says date cannot be changed?A: Yes, the lawyers at Speeding Ticket Defense can change the date of a hearing once, even though the notice usually says that the date cannot be changed.
Q: Does Attorney Nathan appear at every case?
A: No. Attorney Nathan manages a network of experienced attorneys, and by becoming a client you assent to a reasonable division of your fee pursuant to MRPR 1.5(e).
Q: If I send in the ticket marked civil infractions requesting a court hearing and then I decide not to go to court or retain you , am I penalized if I decide to pay the ticket upon receipt of the hearing notice?
ANS: No. Some states penalize under this scenario, but Massachusetts does not.
Q: Does a ticket for Expired Inspection Sticker effect my insurance rate and my Drivers' License status?
ANS: Yes. Expired Inspection Stickers are a surchargable event, similar to a speeding ticket.
Q: Does a ticket for having an Unregistered Motor Vehicle effect my insurance rate and my drivers' license?
ANS: Yes. Unregistered violations are serious and treated as a surchargable offense. The fact that the registry mailed the info to the wrong address is not a defense to these violations.
Q: I sent my ticket in and never received a hearing date. But now I am getting notice that the ticket must be paid with an additional fine. Can I still contest the ticket?
ANS: In general once your miss your hearing date, you lose the right to a hearing (problems with the mail " they had the wrong address etc" do not matter). We can restore your right to a hearing (for a $950 flat rate- apart from the fee to handle the underlying ticket). We advise anyone who gets a ticket they wish to contest make a copy of it and be sure to send it with proof of mailing. .
Q: Are your services guaranteed?
ANS: Although we cannot guarantee any result, but we have a very successful record in both civil motor vehicle magistrate hearings, and License Board of Appeal matters. See Case results
Q: Where is your Office? What is your Mailing Address?:
A: Nathan Law Offices, 132 Boylston Street, 5th Fl , Boston, MA 02216. The office overlooks the Boston Common and is about one block from the Registry of Motor Vehicles headquarters where all license hearings are held. We are accessible on the Boston MBTA Red Line "Park" Street or Green Line "Boylston Street" or Orange Line "Chinatown" Valet Parking is available at the Ritz Carleton, 4 Avery St. or self-parking Boston Common Garage. For a map of Boston and our precise location click here.
Q: What is your Fax Number?:
A: Our fax is 617-479-0917 or 928-395-7789, please be sure to include your name and phone number with your fax.
Q: How do I get reimbursed by the American Automobile Association for my legal fee?
A: AAA will reimburse a percentage of the legal fee depending upon your membership status if you send a receipt and the court finding notice to: Attn: Mrs. Heywood, AAA, 110 Royal Little Dr., Providence RI 02904. You must get a not responsible or not guilty at the hearing in order to collect from AAA.
Q: My Massachusetts Drivers' license is suspended due to issues in another state, can you help?
A: Yes, we provide representation for NDR issues throughout the United States.
Q: What is the Board of Appeal?
A: The 3 member Board reviews RMV decisions and can annul, modify or affirm RMV license suspensions.
Q: Do you always get driver licenses' back through this appeal?
A: No, driver licenses are also restored through 1 person hearings officers, where are representation is available.
Caution: Some of our competitors who are not lawyers are advertising that they can reinstate driver licenses and beat traffic tickets for cheap; these persons use forms not approved by the Registrar, and pray on standard consumer instinct to purchase fraudulent services. We caution all viewers of this site to be careful in selecting the right method to accomplish your goal.
* Provided with information collected by Ivan Sever, Massachusetts Coordinator of the National Motorists Association.
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