We just lost a ticket appeal before Judge because officer didn't have violator ( who was present) sign the ticket. Does anyone out there in Ma.know of any specific Chap. / Sect or case law that says if officer doesn't have violator sign ticket it isn't a fatal flaw. We're looking at appealing this to appeals court but need to reference points of law. I know most agencies simply don't bother stating "officer safety" or my district court doesn't care, but that isn't enough to appeal. Any help appreciated.
Citation Question
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I think it may fall under the "administrative omission" thing...wrong date, etc...the judge is way off on this one...if the puke refuses to sign, then he would be "not responsible":wow: !
Which I have no problem with, as long as the lemmings stop demanding we 'do something' about crumby drivers...ten tickets or none...PAY ME. That is the lemmings choice...as long as the 'tribute' is in my account, I don't care. Just PAY US.
Which I have no problem with, as long as the lemmings stop demanding we 'do something' about crumby drivers...ten tickets or none...PAY ME. That is the lemmings choice...as long as the 'tribute' is in my account, I don't care. Just PAY US.
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Not trying to start a pissing match, but if I understand MGL correctly, it was tossed on a technicality that is found directly in MGL
Chapter 90C: Section 2 Citations and citation books
If an officer bends a Terry stop in the slighest way off of it's legalitys per that caselaw, we all know the case would be tossed faster than a speeding bullet... Why should it be any different for a CMVI?
In my opinion, that part of MGl needs to be rewriten to something such as "And if possible" or "If safe..." or "at officers discresion", of course, this would only be for citations to the operator, not a 3rd party owner who is not present. But, there's a reason I'm not a legislator....
Chapter 90C: Section 2 Citations and citation books
While I do personaly agree that it's foolish, I'm also the type to say that "the law is the law, and it's the Judicial Branch's job to INTERPRET such laws, not bend them or rewrite them". If it says "do XXX" then thats the way it is.
If an officer bends a Terry stop in the slighest way off of it's legalitys per that caselaw, we all know the case would be tossed faster than a speeding bullet... Why should it be any different for a CMVI?
In my opinion, that part of MGl needs to be rewriten to something such as "And if possible" or "If safe..." or "at officers discresion", of course, this would only be for citations to the operator, not a 3rd party owner who is not present. But, there's a reason I'm not a legislator....
topic just came up recently in conversation......90/2 states we must have them sign, and also states that there are no other penalties if they refuse to sign. Best thing to do is cross your fingers and hope this information doesnt get out or there will be a lot of appeals lost. Fortunately it seems as though the only time this comes up is with repeat offenders that are scraping to win or they might lose their license. I have never had anyone sign and have never been called on it, but I imagine I will one of these days and........I will lose. oh well, Im not gonna sit there after I give someone a cmvi and then ask them to sign it.....just my 2 cents
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