My question involves a traffic ticket from the state of: Massachusetts
Hi I'm hoping to get some advise from others about my appeal. I got a speeding ticket on route 95 in Georgetown on September 26th, clocked and estimated at 88 in a 65. I sent in 2 certified requests for public records requesting the year, make, model, odometer reading, maintenance records, and proof of speedometer calibration. I got no response, so I can't properly prepare a defense. The court date was January 29th in front of the judge. I can't afford an attorney so I went by myself, prepared as best as I could be with questions and argument points. I was supposed to be able to ask the officer questions under oath, but the judge insisted that I direct my questions to him instead, many of which he chose to respond to rather than directing the trooper to respond. There were a few questions that he allowed the trooper to answer, one being why he did not respond to my information request. The officer testified under oath that the speedometer was calibrated by the manufacturer and no transmission service was ever done, and the tires were never replaced. Allow me to point out that this wasn't a new vehicle, it was one of the older crown vic types (Idk exactly the year, make or model because they didn't bother to respond). He testified that he occasionally ran the vehicle through another officer's radar and it was accurate, yet he has no record of this. At this point the judge doesn't want to hear anymore questions and he asks the trooper how long it would take him to come up with the records I requested. The officer's answer...."a long time". So the judge tells me that he doesn't see me as having much of a defense and continues the case until February 26th to allow the trooper to come up with the records.....the same records which he had just testified did not exist. It is now 12 days before the date and I still have not received a response. So apparently I am supposed to be able to research records that will be presented to me once I'm in front of the judge. Cell phones are not allowed in court so I can't google it right then and there. I also had planned to mention that the officer checked off 90/18 as the violation, when I believe it should in fact be 90/17. 90/17A specifically mentions interstate 95 between Newbury and Danvers being 65mph and Georgetown is in between those 2. I was not given a chance to mention this yet.
Sorry for the long version of the story, but I wanted to cover the important points. I'm already convinced that the judge has no intention on finding me not responsible.
Now here's my question....
If I am found responsible do I have a good case to appeal this to the appellate court? I know the appellate court will only rule issues that are a matter of law and whether or not the judge followed it.
Thanks in advance for any help.
Hi I'm hoping to get some advise from others about my appeal. I got a speeding ticket on route 95 in Georgetown on September 26th, clocked and estimated at 88 in a 65. I sent in 2 certified requests for public records requesting the year, make, model, odometer reading, maintenance records, and proof of speedometer calibration. I got no response, so I can't properly prepare a defense. The court date was January 29th in front of the judge. I can't afford an attorney so I went by myself, prepared as best as I could be with questions and argument points. I was supposed to be able to ask the officer questions under oath, but the judge insisted that I direct my questions to him instead, many of which he chose to respond to rather than directing the trooper to respond. There were a few questions that he allowed the trooper to answer, one being why he did not respond to my information request. The officer testified under oath that the speedometer was calibrated by the manufacturer and no transmission service was ever done, and the tires were never replaced. Allow me to point out that this wasn't a new vehicle, it was one of the older crown vic types (Idk exactly the year, make or model because they didn't bother to respond). He testified that he occasionally ran the vehicle through another officer's radar and it was accurate, yet he has no record of this. At this point the judge doesn't want to hear anymore questions and he asks the trooper how long it would take him to come up with the records I requested. The officer's answer...."a long time". So the judge tells me that he doesn't see me as having much of a defense and continues the case until February 26th to allow the trooper to come up with the records.....the same records which he had just testified did not exist. It is now 12 days before the date and I still have not received a response. So apparently I am supposed to be able to research records that will be presented to me once I'm in front of the judge. Cell phones are not allowed in court so I can't google it right then and there. I also had planned to mention that the officer checked off 90/18 as the violation, when I believe it should in fact be 90/17. 90/17A specifically mentions interstate 95 between Newbury and Danvers being 65mph and Georgetown is in between those 2. I was not given a chance to mention this yet.
Sorry for the long version of the story, but I wanted to cover the important points. I'm already convinced that the judge has no intention on finding me not responsible.
Now here's my question....
If I am found responsible do I have a good case to appeal this to the appellate court? I know the appellate court will only rule issues that are a matter of law and whether or not the judge followed it.
Thanks in advance for any help.
Speeding Tickets: Appealed Before a Judge and He Continued the Case to Allow State Trooper More Time
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