Skip to main content ↑ ↓
Topic: Need some info/advice about a Citation... (Read 4143 times) previous topic - next topic

Need some info/advice about a Citation...

Reply #15 –
Fing mass laws....
From Mass RMV:
"For many motor vehicle violations, the
penalties may be more severe if you hold a Junior Operator’s License, if you are under 21"
Im both......
Its not a civil violation its a criminal, I remember criminal being checked on the citation.
"Criminal motor vehicle violations are serious offenses. If you commit a criminal motor vehicle
violation, you may be arrested immediately, your vehicle may be towed, your license may be
taken away, and you may be placed in jail until a court hearing can be arranged. If you are
convicted of a criminal motor vehicle offense, the court will set any fine or prison term."

O god ....
"Note: In addition to any other penalty required by law, Massachusetts General Laws chapter 90, section
24p requires that any Junior Operator who is convicted of Operating Under the Influence (OUI), Operating
to Endanger, Leaving the Scene of an Accident, Drinking from an Open Alcohol Container, OUI with
Serious Bodily Injury, Unauthorized Use of a Motor Vehicle, Reckless/Negligent Operation, Loaning/
Allowing Another to Use Your License or Learner’s Permit, or Motor Vehicle Homicide will face a 180 day
suspension (in addition to any other suspension required by law) for a first offense, or a one year suspension
for any subsequent offense."

This sucks I dont want to lose my license for 6 months
RIP 1988 and 1990 Lincoln Mark VII LSC
I welcomed the dark side and currently am driving a 2000 Dodge Durango SLT plus, with a 5.9, Code named project "Night Runner"
Shes black on black, fully loaded, with headers, 180 tstat, e fan, straight exhaust into a cherry bomb vortex ler, full tune up, ported intake and T/B, MSD coil, and round aircleaner.
Mods to come: Fully rebuilt and heavily modded 46RE, and a richmond rachet locker.
my $300 beater ;)
R.I.P Kayleigh Raposa 12/18/90 - 2/24/07

Need some info/advice about a Citation...

Reply #16 –
Like I said, post up the law sections....It will be easier to understand as there is a bit of guesswork involved at this particular time due to differing state laws.
-- 05 Mustang GT-Whipplecharged !!
--87 5.0 Trick Flow Heads & Intake - Custom Cam - Many other goodies...3100Lbs...Low12's!

Need some info/advice about a Citation...

Reply #17 –
check this link out.
http://www.rilin.state.ri.us/Statutes/TITLE31/31-27/INDEX.HTM
    *    § 31-27-1  Driving so as to endanger, resulting in death.
    *    § 31-27-1.1  Driving so as to endanger, resulting in personal injury.
    *    § 31-27-1.2  Driving so as to endanger, resulting in physical injury.

In there there is nothing that they can even tack you with. I couldn't find anything else that has "driving to endanger" associated with it.

Also, for exesive noise they have to prove that you were over 86 db in a 35 mph or slower speed limit. Most parking lots have no speed limits...
Quote from: jcassity
I honestly dont think you could exceed the cost of a new car buy installing new *stock* parts everywhere in your coug our tbird. Its just plain impossible. You could revamp the entire drivetrain/engine/suspenstion and still come out ahead.
Hooligans! 
1988 Crown Vic wagon. 120K California car. Wifes grocery getter. (junked)
1987 Ford Thunderbird LX. 5.0. s.o., sn-95 t-5 and an f-150 clutch. Driven daily and going strong.
1986 cougar.
lilsammywasapunkrocker@yahoo.com

Need some info/advice about a Citation...

Reply #18 –
this was in rhode island right? judging by your signature...
Quote from: jcassity
I honestly dont think you could exceed the cost of a new car buy installing new *stock* parts everywhere in your coug our tbird. Its just plain impossible. You could revamp the entire drivetrain/engine/suspenstion and still come out ahead.
Hooligans! 
1988 Crown Vic wagon. 120K California car. Wifes grocery getter. (junked)
1987 Ford Thunderbird LX. 5.0. s.o., sn-95 t-5 and an f-150 clutch. Driven daily and going strong.
1986 cougar.
lilsammywasapunkrocker@yahoo.com

Need some info/advice about a Citation...

Reply #19 –
Nope mass, I was at the movies about 10 mins from my house....
RIP 1988 and 1990 Lincoln Mark VII LSC
I welcomed the dark side and currently am driving a 2000 Dodge Durango SLT plus, with a 5.9, Code named project "Night Runner"
Shes black on black, fully loaded, with headers, 180 tstat, e fan, straight exhaust into a cherry bomb vortex ler, full tune up, ported intake and T/B, MSD coil, and round aircleaner.
Mods to come: Fully rebuilt and heavily modded 46RE, and a richmond rachet locker.
my $300 beater ;)
R.I.P Kayleigh Raposa 12/18/90 - 2/24/07

Need some info/advice about a Citation...

Reply #20 –
it says right here http://www.masscriminaldefense.com/negligent.htm
A guilty verdict on the Massachusetts criminal charge of Negligent Operation of a motor vehicle, Operating to Endanger, or Driving to Endanger carries with it potentially serious penalties, including a criminal record that will follow you for the rest of your life.

All for what you probably thought was a simple traffic ticket. But don't give up, we can fight the charge, and win.

I've successfully defended many criminal motor vehicle offense, and I can often get a dismissal or the charges voided entirely, especially in cases where there is no damage or injury. There are a number of different defenses for a Operating to Endanger or Negligent Operation charges. To prove you guilty of these charges, the Commonwealth must prove that you were 1) Operating the Vehicle, 2) On a public way, and 3) Did so negligently, or so as to endanger.

So right there, you weren't trying to endanger anyone, and you weren't on a public road. So you should be pretty much in the clear.
Quote from: jcassity
I honestly dont think you could exceed the cost of a new car buy installing new *stock* parts everywhere in your coug our tbird. Its just plain impossible. You could revamp the entire drivetrain/engine/suspenstion and still come out ahead.
Hooligans! 
1988 Crown Vic wagon. 120K California car. Wifes grocery getter. (junked)
1987 Ford Thunderbird LX. 5.0. s.o., sn-95 t-5 and an f-150 clutch. Driven daily and going strong.
1986 cougar.
lilsammywasapunkrocker@yahoo.com

Need some info/advice about a Citation...

Reply #21 –
To establish guilt for driving to endanger under G. L. c. 90, § 24(2)(a), the Commonwealth must prove that the defendant operated a motor vehicle negligently (or recklessly(3)) so as to endanger the lives or safety of the public "upon any way or in any place to which the public has a right of access . . . as invitees or licensees." Ibid. The defendant challenges the sufficiency of the evidence with respect to the element of negligent operation so as to endanger the lives and safety of the public.
Quote from: jcassity
I honestly dont think you could exceed the cost of a new car buy installing new *stock* parts everywhere in your coug our tbird. Its just plain impossible. You could revamp the entire drivetrain/engine/suspenstion and still come out ahead.
Hooligans! 
1988 Crown Vic wagon. 120K California car. Wifes grocery getter. (junked)
1987 Ford Thunderbird LX. 5.0. s.o., sn-95 t-5 and an f-150 clutch. Driven daily and going strong.
1986 cougar.
lilsammywasapunkrocker@yahoo.com

Need some info/advice about a Citation...

Reply #22 –
all you have to do is prove that no one was in danger of dying....
Quote from: jcassity
I honestly dont think you could exceed the cost of a new car buy installing new *stock* parts everywhere in your coug our tbird. Its just plain impossible. You could revamp the entire drivetrain/engine/suspenstion and still come out ahead.
Hooligans! 
1988 Crown Vic wagon. 120K California car. Wifes grocery getter. (junked)
1987 Ford Thunderbird LX. 5.0. s.o., sn-95 t-5 and an f-150 clutch. Driven daily and going strong.
1986 cougar.
lilsammywasapunkrocker@yahoo.com

Need some info/advice about a Citation...

Reply #23 –
awesome site!! Thanks a bunch! Hell might call the guy and talk with him and see what he says.
There was absoultly NO ONE in that lot I was in other then my buddy's in there truck, and they were not in any risk, because i didnt spin tires till past his truck!
RIP 1988 and 1990 Lincoln Mark VII LSC
I welcomed the dark side and currently am driving a 2000 Dodge Durango SLT plus, with a 5.9, Code named project "Night Runner"
Shes black on black, fully loaded, with headers, 180 tstat, e fan, straight exhaust into a cherry bomb vortex ler, full tune up, ported intake and T/B, MSD coil, and round aircleaner.
Mods to come: Fully rebuilt and heavily modded 46RE, and a richmond rachet locker.
my $300 beater ;)
R.I.P Kayleigh Raposa 12/18/90 - 2/24/07

Need some info/advice about a Citation...

Reply #24 –
typically a public defendant will plea the offense down to a lesser offense....in your case, dropping the endangerment, and accepting the excessive noise....seems like a decent plea.  The cop may have charged you with it all, but unless he's there to adamantly show the offense will stick, then I say you have a chance.  According to what you have typed, I'd say you have no choice but to fight it all the way.
1987 TC

Need some info/advice about a Citation...

Reply #25 –
i would not fight it to much unless you got a game plan for the court room or a lawyer on your side. 6 months is a super long time but you could save up a lot of money for car parts in that time.

Sorry to hear about the whole thing i hope it works out for you and if they try and punish you i hope its minor.
[SIGPIC][/SIGPIC]


http://www.cardomain.com/id/Carpimp1987
1987 T-Bird AEROBIRD-GT had many many mods but is now totaled and is the car that made me want to start customizing everything all over again.
1988 T-Bird 5.0 HO DD/Sleeper/next project car :birdsmily:
1988 Cougar XR7 5.0 HO Vortech Supercharged being bulit right now :cougarsmily:

Need some info/advice about a Citation...

Reply #26 –
Quote from: Carpimp1987;215936
i would not fight it to much unless you got a game plan for the court room or a lawyer on your side. 6 months is a super long time but you could save up a lot of money for car parts in that time.

Sorry to hear about the whole thing i hope it works out for you and if they try and punish you i hope its minor.


how the Farck do you think he will be able to afford the insurance after the conviction of this offense if he just rolls over and takes it?

this is a CRIMINAL charge, not a HTA ticket....
 

Need some info/advice about a Citation...

Reply #27 –
Do yourself a favor and get a lawyer because you really really need one.
1987 Tbird 5.0 swap, go fast mods coming soon....

Need some info/advice about a Citation...

Reply #28 –
daboss
the reason why you are here is your fault.

the magnitude of your charge is over inflated imho.  You were jerking off in a public area like many people do.  You were excited and having fun thus you got carried away.  We all do it once in a while, male instinct i guess but still. 

Its a world of "eat them before they eat you" and since your new to the masses that go out and drive, they are trying to take you out right off the bat. 

Your best bet is to negotiate and accept "some" responsiblity but not to the the degree i can see this going in.

I suppose the officer is responsible for making an accurate assesment of the situation and charging people accordingly.  Suppose the officer was out of control with his/her charges like in your case.  Would not the officer be "LIBEL" and "LIABLE"????

If you can prove his Libelous statements are wreckless, he as a state representative can be held Liable.

This to me sounds very wreckless on both your parts so just tell the judge,, "lets call it even",,lol,, jk.

Gain access to the exact charges, research thier meaning and then roll with it from there.

There is no law preventing you from pressing charges against the officer/state for Libel today!  When you recipricate in this manner, it is viewed as going straight for the throat and will not be taken lightly,,, you will be taken serously.  Based on what you have provided, this appears to qualify as a decent libel case which could put you through college,,,lol

Need some info/advice about a Citation...

Reply #29 –
Went thru a similar thing once when I was younger, recieved a ticket I didnt feel I deserved and went to the traffic school deal and paid the fine but in the class the instructor was a police officer, he asked every person what they had done and there thoughts on it. Well my turn came and I told him what happened and how I felt it wasnt enough to warrant a ticket. He asked me had I ever done anything that should have gotten me a ticket but I got away with and of course the honest answer was yes. He then said we should call it even and after thinking about it paid my fine took my class and learned to be a tad more careful. It has been probably 15 years now since that happened and I have been stopped for minor things that only involved warnings( window tint) so I guess I learned