Its risky business when we allow our elected officials to use law enforcement as a means to generate revenue. I’d rather be stopped and robbed by a bandit; at least I’m not paying them to do it.
The issue isn’t about whether motor vehicle violations take up most of court’s resources, it’s about whether people that are given traffic violations are being given less protection under the law because they have to pay to appeal their cases. Traffic violations are handed out on a wholesale level and at a far greater rate than any other violation because they are a source of revenue for cities and towns. That’s not the fault of the citizens! And if citizens want to protect themselves from the egregious penalties of fines, surcharges and higher insurance rates, they ought to be able to have the same right of appeal as any other violation. This is yet another example of drivers being treated as second class citizens and far reaching judicial rationalization that suits the state but not the people…It’s a travesty.
Here is a real case. My wife got a citation in the mail for $100. The reason? Not obeying an officer. The registration is under both our names. license plate on the citation was my car. My wife never drives my car. She has her own car. We were both working the day it happened. I paid the $25 to appeal the ticket. We both went today. The officer was there. A young guy. Late 20’s maybe early 30’s. He claimed he was doing a detail and waived his hands for her to stop but she kept coming. He then said he used his whistle and flashlight to stop her but she just kept going and when she went by him she just raised her arms. When he looked up the registration he stated it was her on the picture. The judge asked are you positively it was her. He said yes but I’ll let you decide. He also said I never writes tickets. I said we never get tickets. She told me to be quiet since I was not a witness. My wife said she does not drive my car and she didn’t get out of work until 5pm in Boston. The Judge said I have to go by the officers word and you could get from Boston to Waltham in 30 minutes. My wife said on a friday night? The judge then said. I have my doubts so I have to dismiss the ticket. What a joke this was. He lied in court. I wasted $25 and 2 hours of our time to fight a bogus ticket. I’m still upset and thinking of filling a complain towards the officer.
I find that this charge is outrageous and question it`s constitutionality.
In this country you are innocent until proven to be guilty.The burden of proof remains with the state and no one should have to pay any such fee for the right to challenge or defend themselves from charges that the state has brought against them.
If the courts feel that its too “taxing of resources” or imposes greater demands from the them,then I suggest that the state get rid of under marked speed zones and speed traps used by the police to raise revenue every day.
It may be a privilege to drive in Massachusetts,by I assure you it is your right to a fair hearing.
i got a citation in the mail that said i had no inspection sticker when in fact i had a rejection sticker with a black R for emissions which i got 6 days earlier and allows me to drive for 60 days in mass .cost me $25 for the fee and had to drive 60 miles round trip to the court house .in the appeal i explained the citation was mailed to me and that the officer never pulled me over to check my sticker they didn’t believe me until i showed them the paperwork from the garage.i won the appeal but it cost more in gas and fees than the fine. so much for justice its how much they can get from you
I think the $25 to appeal a ticket is unfair, especially if you win your appeal. However, if you file a civil lawsuit in MA you must pay a filing fee, and you don’t always win.
I do think if you are found not responsible, there should be some refund. I do worry however, how often the courts would find someone not responsible as they work hand in hand with the police depts.
Completely agree with Susan. In most civil lawsuits court fees are paid by the losing party. The same should be here. If a ticket is dismissed than the police officer (who is treated to be right by default by the way) could not defend his/her action.
The filing fees have to be refunded by that officer’s police department or by City/Town of that department. Maybe this will stop them from writing bogus tickets when they are not sure they can prove their case in front of a judge. That will save the court system resource much better than filling fees.
Its unfair to get charged $25 to appeal. We received a ticket in the mail for a moving violation stating and we proved it was not us but yet we get charged $25? They know what they are doing… Just another way to steal money from the public. Look above for march 14th 2013 comment..What a joke the system is.
According to Crawford v. Blue, 271 F. Supp. 3d 316 (2017) of United States District Court, D. Massachusetts, the $25 fee must be refunded if alleged violator is found “not reproducible”.
What about $50 appeal fee?
Its risky business when we allow our elected officials to use law enforcement as a means to generate revenue. I’d rather be stopped and robbed by a bandit; at least I’m not paying them to do it.
The issue isn’t about whether motor vehicle violations take up most of court’s resources, it’s about whether people that are given traffic violations are being given less protection under the law because they have to pay to appeal their cases. Traffic violations are handed out on a wholesale level and at a far greater rate than any other violation because they are a source of revenue for cities and towns. That’s not the fault of the citizens! And if citizens want to protect themselves from the egregious penalties of fines, surcharges and higher insurance rates, they ought to be able to have the same right of appeal as any other violation. This is yet another example of drivers being treated as second class citizens and far reaching judicial rationalization that suits the state but not the people…It’s a travesty.
Absolutely SICK! Being charged for BEING FOUND NOT GUILTY! Thats what this is! This is being found GUILTY before a trial! Yikes, what’s next?
Really? They made a mistake in citing this person and he has to pay fees to get them to not fine him?!
Ridiculous.
On the other hand… if you follow the traffic laws and regulations you wouldn’t have any citiations being handed out…
He *DID* follow the traffic laws – that’s why we’re complaining that he was charged fees! They shouldn’t have issued the ticket in the first place!
I agree with Bartleby! If the Police just randomly stop people and they still collect 25.00 for each person it adds up. Tell you reps!!
Here is a real case. My wife got a citation in the mail for $100. The reason? Not obeying an officer. The registration is under both our names. license plate on the citation was my car. My wife never drives my car. She has her own car. We were both working the day it happened. I paid the $25 to appeal the ticket. We both went today. The officer was there. A young guy. Late 20’s maybe early 30’s. He claimed he was doing a detail and waived his hands for her to stop but she kept coming. He then said he used his whistle and flashlight to stop her but she just kept going and when she went by him she just raised her arms. When he looked up the registration he stated it was her on the picture. The judge asked are you positively it was her. He said yes but I’ll let you decide. He also said I never writes tickets. I said we never get tickets. She told me to be quiet since I was not a witness. My wife said she does not drive my car and she didn’t get out of work until 5pm in Boston. The Judge said I have to go by the officers word and you could get from Boston to Waltham in 30 minutes. My wife said on a friday night? The judge then said. I have my doubts so I have to dismiss the ticket. What a joke this was. He lied in court. I wasted $25 and 2 hours of our time to fight a bogus ticket. I’m still upset and thinking of filling a complain towards the officer.
Does anyone know how this works in other states? It really does seem very unfair (and I live in MA!)
I find that this charge is outrageous and question it`s constitutionality.
In this country you are innocent until proven to be guilty.The burden of proof remains with the state and no one should have to pay any such fee for the right to challenge or defend themselves from charges that the state has brought against them.
If the courts feel that its too “taxing of resources” or imposes greater demands from the them,then I suggest that the state get rid of under marked speed zones and speed traps used by the police to raise revenue every day.
It may be a privilege to drive in Massachusetts,by I assure you it is your right to a fair hearing.
i got a citation in the mail that said i had no inspection sticker when in fact i had a rejection sticker with a black R for emissions which i got 6 days earlier and allows me to drive for 60 days in mass .cost me $25 for the fee and had to drive 60 miles round trip to the court house .in the appeal i explained the citation was mailed to me and that the officer never pulled me over to check my sticker they didn’t believe me until i showed them the paperwork from the garage.i won the appeal but it cost more in gas and fees than the fine. so much for justice its how much they can get from you
I think the $25 to appeal a ticket is unfair, especially if you win your appeal. However, if you file a civil lawsuit in MA you must pay a filing fee, and you don’t always win.
I do think if you are found not responsible, there should be some refund. I do worry however, how often the courts would find someone not responsible as they work hand in hand with the police depts.
Completely agree with Susan. In most civil lawsuits court fees are paid by the losing party. The same should be here. If a ticket is dismissed than the police officer (who is treated to be right by default by the way) could not defend his/her action.
The filing fees have to be refunded by that officer’s police department or by City/Town of that department. Maybe this will stop them from writing bogus tickets when they are not sure they can prove their case in front of a judge. That will save the court system resource much better than filling fees.
Its unfair to get charged $25 to appeal. We received a ticket in the mail for a moving violation stating and we proved it was not us but yet we get charged $25? They know what they are doing… Just another way to steal money from the public. Look above for march 14th 2013 comment..What a joke the system is.
According to Crawford v. Blue, 271 F. Supp. 3d 316 (2017) of United States District Court, D. Massachusetts, the $25 fee must be refunded if alleged violator is found “not reproducible”.
What about $50 appeal fee?