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I need to avoid a guilty finding due to surcharges. I was…

Customer Question
I need to avoid...

I need to avoid a guilty finding due to surcharges. I was told by the police officer that someone had called the police department and said I was driving across the lane. He did say he followed me a short distance. I was not drinking although he asked. I volunteered for a breathalyzer which I assumed I passed. He gave me a field sobriety test and I do have a problem with balance so I did not do well. I recently had a right knee replacement so I was wobbly. I was cited for “Marked Lanes”.

Lawyer's Assistant: What state was the citation in? And have you consulted a local attorney?

Massachusetts. Tomorrow’s hearing is before a magistrate only

Lawyer's Assistant: Do you need to appear in court?

Yes, before a magistrate. If I am held responsible then a court date is set before a judge

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do not mind paying a fine. Not looking for a reduction. I do not want a guilty finding

Submitted: 5 months ago.Category: Traffic Law
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Answered in 5 minutes by:
3/13/2018
Traffic Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 126,842
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Were you or were you not crossing marked lanes?

What is your specific question for us about this besides "I need to avoid a guilty finding due to surcharges," which is most MA driver's objectives in these cases.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 5 months ago
Two questions1. Lines were covered with snow. Is that an excuse?
2. Does the police officer or witness have to appear or can they read from report?
3. My belief is that they thought I was drinking and when they determined I was not they still cited me
Customer reply replied 5 months ago
What excuse would be supportive of not guilty. Weather conditions? Recent surgery?
Traffic Lawyer: Law Educator, Esq., Attorney replied 5 months ago

Thank you for your reply

Surgery is not a good excuse, because the judge will simply tell you that you should not have been driving.

If the lines were covered with snow such that you could not see them, then that is a valid defense to the fact you crossed the lines. Weather conditions are typically a valid reason for not remaining within the lines and also a defense to the police officer's statement that you crossed the lanes. However, this is one issue you need to be prepared to defend, if the officer followed you and said you were weaving, whether in the lanes or not, you would have to have a defense to that. High winds with the snow storm would be a valid defense. Vehicle defect would be a valid defense.

Also, you can speak to the solicitor who is prosecuting the case and ask for some type of deal as well, such as a reduction to a non-moving equipment violation which has no surcharge and satisfies the town's only reason for traffic tickets, making money.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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