Under Massachusetts Law, red light violations are considered moving violations. A conviction for a civil red light offense will result in license points an increase in insurance premiums for 6 years for Massachusetts drivers.
If a driver pays a ticket for running a red light, the Massachusetts RMV will automatically enter a responsible finding on the driver’s record and the insurance company will be notified. In order to avoid points and maintain a good insurance step rating, it is strongly advised that MA driver’s appeal citations for not properly stopping at a traffic control signal.
To fight the ticket, a request must be made by filing the citation within 20 days (unless the citation also contains a criminal traffic offense, which must be filed with the District Court within 4 days). If an appeal is requested within that time, the applicable District Court will send a summons in the mail for the driver to appear for a “Clerk Magistrate Hearing.” The Clerk Hearing is the first of 2 potential court dates.
Fighting Red Light Tickets in Massachusetts
When appealing a citation, Massachusetts allows driver’s to be represented by an attorney during the entire process. Having an attorney present at both the Clerk Magistrate level and subsequent Judge Appeal level is often times very beneficial for those wishing to maintain their driving record and avoid an increase in insurance.
Clerk Magistrate Hearings for Red Light Tickets
At the Clerk Magistrate Hearing, the citing officer is not required to be present. While there is a possibility that the actual officer who wrote the citation will appear in court for the Clerk Hearing, most of the time the police are represented by an officer from the police station or barracks.
At the conclusion of the Clerk Magistrate Hearing, the Clerk will find the driver responsible or not-responsible. Both the driver and the police have the right to appeal the decision of the Clerk. If neither party appeals the decision of the Clerk, the matter will be resolved at the first hearing. If, on the other hand, there is an appeal of the Clerk’s decision, the case will be scheduled for a full hearing in front of a Judge, known as a “Judge Appeal.”
Judge Appeal Hearings
At a Judge Appeal Hearing for a Failing to Stop for a Red Light Ticket, the officer who wrote the citation is required to appear in court and present testimony. The driver or the driver’s attorney will be permitted to cross examine the police officer and present a counter argument to the judge.
At the conclusion of the second hearing, the Judge will make a ruling on the red light citation.
Boston,MA Flat-Fee Red Light Violation Traffic Court Lawyer
At Caselden Law, our firm has successfully handed Red Light Violation Citations in courts throughout Massachusetts. Our firm is well versed in traffic laws pertaining to both civil and criminal traffic tickets.
We handle all moving violation appeals on a fixed-fee basis. We fully explore the circumstances surrounding each traffic stop in order to achieve the best possible outcomes for our clients. Contact Our Firm for a free initial consultation and flat-fee case quote.
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