Massachusetts Traffic Violations Legal Questions

You should contact a criminal attorney immediately to ensure you can stop the court process.  You want to avoid having a criminal complaint issue.  That can be done if a clerk hearing is requested.  If the matter is stopped at the clerk level no criminal record will be created.  If a criminal complaint issues a record will be created and you will have to appear before a Judge.  If this is a first offense and you have no criminal record you have a good opportunity of protecting your record. For more information on auto crimes see my website.... Read More

What the officer is referring to is a petition that the police can submit to the RMV to suspend someone's license as an "immediate threat."  You would not have to surrender your physical license -- you would get a letter from the registry notifying you that your license is suspended, and then it would be on you to petition the RMV for reinstatement.  There is nothing you can do proactively to prevent him from submitting the petition if he feels that he has sufficient evidence that your driving poses an immediate threat.  You should consider ways of generating documented proof that your driving is not as bad as your neighbor says, in case this does escalate.... Read More

The warrant is probably for a criminal motor vehicle matter. The nature of the matter, that is how serious the charge, may determine if you will have to appear at court or if an attorney can stand in for you. It also will depend on the court and judge hearing the case.  Contact an experience criminal lawyer.  A good attorney will know how to maneuver through the system, possible avoid having you appear and with some luck have the case dismissed on court costs.  For more information on defaults in Massachusetts see the blog section of my web site at www.johnedevito.com.... Read More

If the hearing is for the ticket for marijuana possession, then you do not need an attorney.  If the ticket includes any crimianl charges, such as drunk driving then you should hire an experienced criminal attorney. Your son does not want any criminal charge on his record.  Stopping the criminal charge from issuing at the hearing stage will prevent the creation of any criminal record.  For more information see my website.  ... Read More

I advise requesting a clerk's hearing (check off box requesting hearing on back of citation and mail it in) and explain to the clerk that it's not your car and you had no idea about the status of the reg or the plates.  May be a good idea to hire an attorney to represent you as merely operating the vehicle unregistered is still illegal even when you're not the owner.... Read More

If those are the facts you should answer yes and explain what happened.  The police will perform a thorough background check and it's an automatic disqualifier if you're not completely truthful.  Better to offer your explaination surrounding the insurance violation than try and explain why you thought you didn't have to mention it.... Read More

I would recommend requesting a clerk's hearing.  You do so by checking off a box on the back of the citation and mailing it in.  You may hire a lawyer to represent you at the hearing or represent yourself.  If your driving record is clean I'd recommend pleading that the light must have just changed red, you're not a habitual offender, and you won't let it happen again.  Any mention of "it was yellow" or "the officer is lying" will more than likely not go in your favor. Ordinarily, it helps if you have counsel.... Read More

If you have an out of state warrant I would contact an attorney near the courthouse were the warrant is lodged. Most motor vehicle offenses can be resolved without your appearing, provided you have an attorney stand in for you.  If the matter remains outstanding, the Massachusetts Registry of Motor Vehicles is likely to suspend or not renew your driver's license until the out of state warrant is lifted.... Read More