In Massachusetts, a Failure to Stop / Yield Citation is considered a moving violation. A responsible finding on a failure to stop ticket will result in license points and increased insurance premiums for 6 years. Thus, it is strongly advised that drivers appeal citations for not stopping in order to contest the violation and avoid points.
In order to appeal a ticket for a stop sign or red light violation in MA, the driver must submit the signed citation requesting an appeal to the RMV within 20 days, along with payment of the court filing fee (unless the citation also includes a Criminal Traffic Violation).
After an appeal is requested, the civil citation processing center will notify the applicable District Court of the request for an appeal. The District Court will then send the driver a notice for the first court hearing, known as a “Clerk Magistrate Hearing.”
Some of the more common situations that result in a Failure to Stop or Yield Uniform Citation being issued include:
- Failure to Stop at Stop Sign
- Red Light Violations (Failure to Stop at Red Light)
- No Turn on Red
- Failure to Use Care when Turing
- Failure to Stop at Intersection
- Failure to Obey Traffic Control Light
- Improper Turn
Drivers are allowed to be represented by an attorney during the entire ticket appeal process. Having a traffic lawyer is often enormously beneficial when fighting a traffic ticket in court. In addition to points and an increase in insurance, a driver may be at risk of having his or her license suspended for an accumulation of surchargeable events if other violations or accidents have recently occurred.
MA Clerk Magistrate Hearings for Failure to Stop Tickets
The clerk magistrate will conduct the initial hearing on the ticket. Both the police and the driver have the right to appeal the decision of the clerk magistrate to a judge. If the clerk’s decision is accepted and neither party wishes to appeal, the matter will be resolved at the Clerk Magistrate Hearing level.
On the other hand, if the driver or the police appeal the decision of the Clerk Magistrate, the case will be set up for a “Judge Appeal,” which will take place on a future court date.
Judge Appeals in Massachusetts
Generally, the date for the Judge Appeal Hearing will be chosen at the conclusion of the Clerk Magistrate Hearing assuming that one of the parties wishes to appeal the decision of the Clerk. At a Judge Appeal for a Failure to Stop / Yield Citation, the officer that issued the citation will be at the hearing to present the police’s evidence. The appellant and his/her attorney will have the ability to cross examine the police and present a counter argument to the judge.
At the conclusion of the Judge Appeal, the judge will issue a decision on the citation.
Flat-Fee Massachusetts Traffic Ticket Defense Lawyer
At Caselden Law, we have successfully defended hundreds of traffic citations in courts throughout Massachusetts. Driver’s are often unaware of the far reaching consequences of having a civil motor vehicle infraction appear on a driving record and insurance rating. If you have received a ticket for Failure to Stop / Yield in MA, Contact Our Law Firm to speak with an experienced traffic court lawyer and receive a no-obligation fixed fee case quote.
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