Motor Vehicle Infraction Appeal

JURISDICTION:

Charlestown District Court

CASE NAME:

Withheld

CASE DETAILS:

The defendant was issued a Massachusetts Uniform Citation because a Massachusetts State Trooper alleged that the defendant was travelling in excess of thirty four miles per hour above the posted speed limit. Accordingly, the defendant was assessed a $340 fine and faced the likelihood of the RMV suspending his Massachusetts license to operate a motor vehicle. The defendant filed an appeal, and was required to attend a Civil Motor Vehicle Infraction Hearing at Charlestown District Court s that a clerk magistrate could determine whether to assess the defendant the fine.

Attorney Vincent Tofani advised the Clerk Magistrate and the representative for the Massachusetts State Police that a number of mitigating circumstances surrounded the alleged civil motor vehicle infraction. Attorney Tofani advanced arguments grounded in principles of both equity and Massachusetts common law, ultimately supporting the dismissal of the citation.

Massachusetts Criminal Defense Lawyer successfully argued that the Massachusetts Uniform Citation should be dismissed and the assessment should be forgiven.

DISPOSITION:

The defendant was found Not Responsible, and the Massachusetts Uniform Citation was dismissed. The defendant’s license to operate a motor vehicle was not suspended, and no fine was assessed. This disposition also prevented any increase in the defendant’s insurance premiums related to the alleged incident.