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Main Page CMVI Speeding Fines
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Posted by: ROBOCOP1982

Situation: You clock someone at 64 in a 30. You stop the person, maybe a young kid. The kid's looking at a $340 ticket, but you dont want to stick him with the whole thing.

Some have told me you can write the ticket, check off the 90/18 box, put 64 in a 30 in, circle the 64, and write the ticket for whatever amount less than the fine. (For example $100, the minimum.)

I ended it with a verbal, but just curious? What if you write it, and they appeal the $100 ticket?

Posted by: Wolfman

If the kid appeals, the clerk has no leeway to cut the kid another break and either has him pay the $100 or just finds him not responsible. As far as ending it with a verbal, look at it this way: What kind of message is being sent to a young driver who just got away with going over double the speed limit? A young kid does not have the experience or skills necessary and is a far greater danger at that speed than an experienced driver. Whack him hard the first time and maybe there won't be a second. Save your discretion for burned out plate lights and overdue inspection stickers.

Call me a heartless prick but I say write him full boat and drop a very strong hint that he should appeal the violation. Odds are pretty good that the clerk is going to reduce it anyhow and the kid has to jump through a few hoops and maybe realize that his driving behavior should be modified.

You shouldn't feel guilty that the fines are so much - after all, the kid was the one who fucked up, you're doing the job you're paid to do. You think the next time you go to buy a pair of sneakers the clerk is going to feel bad that they're so expensive and cut you a break?

If the fines are outrageous, this needs to be addressed by our elected officials, not the cop on the road. If you do your job, maybe they will have to do theirs.

Posted by: ROBOCOP1982

No, you're right...good points all.

Wolfman..if I wanted to though, I could have written a fine less than the amount set forth by the legistlature, I guess that's what i'm asking...is it all or nothing.

Posted by: Bruschi54

This is straight out of the Massachusetts Trial Court official website:

The scheduled assessment is the amount which the citing officer must enter on the citation (G.L. c.90C, §3[A][2]), which the motorist must pay unless he or she asks for a hearing (§3[A][3]), and which a magistrate or judge must impose after finding the motorist responsible after a hearing except where a reduction from the scheduled assessment is authorized by District Court guidelines (§ 3[A][4]).

If we cite, we must put the scheduled assesment down. We are not authorized to change the amount. If you go on the Trial Court site and look under the District Court, you will find a pdf. section for civil motor vehicle offenses and civil infraction procedures. The latest CMVI guide is updated as of June 2006. Both can be useful to keep in duty bag for reference.

P.S. - I completely agree with Wolfman. Hope this helps.

Posted by: secret squirrel

wolfman

i couldn't agree with you more about the message being sent to the violator. i stopped some 20 year old girl w/a couple of kids in the car. she was doing over twice the speed limit and i could smell the brakes burning from all the hot-rod driving she must have been doing. i went through that same mental process because i wanted to give her a break because i knew that she could not afford the full ticket. i quickly got over that and wrote her for the FULL AMOUNT $$$$. she definately needed to learn a lesson and if i cut her some slack it would have been a waste of my time.

Posted by: Gil

I could only find the 2005 revision, anyone have the newest one to post?

Posted by: EXTRACOP

Wolfman is exactly right! As a serious speed violator in my younger days i can tell you for sure a verbal warning or reducing the ticket get you nothing.It, as he said, gives the impresssion that they got away with it. However, the losing of a weeks pay at the time to the payment of a ticket seems to leave a more lasting impression.

Posted by: 94c

Quote:

Originally Posted by Gil

I could only find the 2005 revision, anyone have the newest one to post?

http://www.mass.gov/courts/courtsand...ssessments.pdf

Posted by: j809

We are told to write for the full boat, otherwise our court gets upset and dismissses the whole ticket. Even if you get someone doing 100mph when they appeal it , everyone pays $100.

Posted by: JoninNH

Quote:

Originally Posted by j809

We are told to write for the full boat, otherwise our court gets upset and dismissses the whole ticket. Even if you get someone doing 100mph when they appeal it , everyone pays $100.

Great! I'll send my teenage couisin down to speed in your town! $100 tickets are cheap!

Posted by: M4USER

I agree that if you cite for a specific speed, you must assess the specified fine for that excess speed on the CMVI.

Sending a strict message aside, if you decide you want to cut the offender a break, check off ESTIMATED, write in the lower speed and assessment.

Personally, if I'm going to cut someone a break, they get a warning. If their operation was sufficient to warrant a citation, they need the full boat.

Posted by: Delta784

Quote:

Originally Posted by ROBOCOP1982

Situation: You clock someone at 64 in a 30. You stop the person, maybe a young kid. The kid's looking at a $340 ticket, but you dont want to stick him with the whole thing.

Some have told me you can write the ticket, check off the 90/18 box, put 64 in a 30 in, circle the 64, and write the ticket for whatever amount less than the fine. (For example $100, the minimum.)

I ended it with a verbal, but just curious? What if you write it, and they appeal the $100 ticket?

Wow.....traffic enforcement is definitely not high on my list of things to do, but someone who does 64 in a 30 (residential area?) would be lucky to get the full CMVI from me....I'd be more likely to file a criminal complaint for 90-24.

64 in a 30??? Unless they have a pregnant woman in labor or someone in cardiac arrest in the back seat, they're getting hammered. No excuse for that.

Posted by: j809

It's the insurance surcharge that kills you. I bet people would pay $300 for a speeding ticket if it didn't affect their insurance rates.

Posted by: RPD931

Like wolfman said, gig for the FULL amount, that way the magistrate has some leeway to reduce to just a $100. And that is straight from a clerk magistrate's mouth. If they wanna give a person a break, they'll lower it. If it's already at minimum they'll just toss it...

Posted by: Delta784

Quote:

Originally Posted by j809

I bet people would pay $300 for a speeding ticket if it didn't affect their insurance rates.

I dunno about that.......

Posted by: Crvtte65

Quote:

Originally Posted by Gil

I could only find the 2005 revision, anyone have the newest one to post?

Here's the link to the page the doc's are on, in case it changes again sometime:

http://www.mass.gov/courts/courtsand...ourt/cmvi.html

Posted by: tuffone

When I am deciding to write a full ticket or give a break (warning or lowering what he/she was actually doing) I try to checked their history. The only problem is, the RMV does not include warnings in their history.

Too many times I have written a warning only to find out he was given a warning a few days before by someone else on my PD.

Posted by: M4USER

I write the date, violation Chap / Section and "warning" on their registration. This has documented past warnings when I've stopped the vehicle at a later date. They get a new registration every year or two but it works for the habitual offenders.

I saw this several years ago on the registration of a vehicle I had stopped and thought it was a good idea.

Posted by: Bob_A_Fett

Quote:

Originally Posted by M4USER

I write the date, violation Chap / Section and "warning" on their registration. This has documented past warnings when I've stopped the vehicle at a later date. They get a new registration every year or two but it works for the habitual offenders.

I saw this several years ago on the registration of a vehicle I had stopped and thought it was a good idea.

I've seen this as well, and it helped me decide between a "W" and a "V".

As far as the speeding fines go, if I decide to write you, you're getting the full boat. Let the clerk give you a break. I pulled a guy over for 42 in a 25 and he said "$170! Is there anything we can do to make it less?" I replied, "Sure. Next time you drive through here only go ten over and it'll only be $100."

Posted by: lpwpd722

The reason they set the fines so high is proactive. How many kids have you seen injured or killed in the newspaper in the past month alone? As a mother of three teenage boys, I'd rather have them pay the full amount and get a lesson out of it than pay a $10000 funeral expense.

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