Attorney
Getting a traffic ticket can ruin your day. Whether you are pulled over for speeding, going through a stop sign, an equipment violation or something more serious, you are going to be looking at fines and penalties for your traffic infraction. But what happens if the traffic ticket carries with it criminal charges? This can turn a minor inconvenience into a potentially life altering event. If you are facing criminal charges in connection with a traffic ticket in Massachusetts, you are going to need the assistance of an experienced criminal defense attorney to defend you, while making sure your rights are protected.
What Happens When You Get a Traffic Ticket in Massachusetts?
If you are pulled over by law enforcement and issued a traffic ticket, you are most likely facing civil penalties. Massachusetts refers to traffic tickets as civil motor vehicle infractions. If this happens to you, you will have 20 days to respond to the ticket, either by paying the fine stated on the ticket or by appealing the ticket by requesting a hearing.
Drivers who fail to respond to the ticket within the 20 day period waive their right to a hearing and will begin getting charged late fees and penalties. They will also receive a letter from the Registry of Motor Vehicles informing them that they are in default and must pay the fine, fees and penalties within 30 days of the date of the letter. Any failure will result in the suspension of the driver’s license.
For those drivers who decide to appeal the traffic ticket, they will be assigned a date to appear for a hearing before a magistrate who will determine whether the police proved you committed the violation stated on the ticket. There is no right to a jury trial for traffic tickets, so the magistrate will be the only person making the decision.
Can Traffic Tickets Lead to Criminal Charges?
While most traffic tickets are treated as civil matters in Massachusetts, some offenses can lead to criminal charges. The most common is for operating under the influence (OUI). This carries criminal charges, which can be enhanced if there is a passenger who is 14 years of age or younger in your vehicle at the time.
Criminal charges can also stem from a traffic ticket if you are responsible for an accident that leads to the death of another. If there is probable cause to believe that a driver operated his or her vehicle recklessly leading to the death, the driver could be charged with vehicular homicide.
Other traffic violations that can carry criminal consequences are reckless driving, driving with a suspended license, and leaving the scene of an accident. Police have the discretion to seek misdemeanor or even felony charges for drivers who have been ticketed for these offenses. This is especially true of repeat offenders who had prior tickets for OUI, reckless driving, and similar serious traffic violations.
Can You be Criminally Charged for Getting Too Many Tickets?
Like many states, Massachusetts operates on a points system for traffic violations. Depending on the seriousness of the ticket, you can receive points on your license. Drivers who get 12 points in any 24 month period could face a 60-day license suspension. Those who accumulate 24 or more points over five years can be facing a permanent revocation of his or her license. However, this in and of itself will not lead to criminal charges, except in the case of major offenses like leaving the scene of an accident, reckless driving, and OUI.
With respect to the points system, the biggest consequence is an increase in insurance premiums. Many auto insurance companies will put drivers with too many accidents and traffic violation points onto an assigned risk policy, which can make obtaining auto insurance very costly. This is why it is crucial to always operate a motor vehicle within Massachusetts according to the rules, including obeying the speed limit.
Contact a Massachusetts Criminal Defense Attorney Today
While most traffic tickets do not involve criminal charges, in some instances, drivers who are particularly reckless or engage in other conduct like OUI could face misdemeanor and felony charges. The experienced criminal defense attorneys at Geraghty Law LLC will help you prepare a defense if you are criminally charged as a result of a traffic violation. Contact our firm today so we can begin assisting you with your case.
