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Like most states, Massachusetts has its fair share of traffic control devices. Designed to keep traffic flowing and the roads safe, these stop signs, traffic lights, yield signs and other devices can also cause frustration for drivers when they are stuck in traffic or late to work. So, rather than come to a full stop at a stop sign or slow done when green turns to yellow, they either make only a perfunctory effort to obey these signs or blow right through them. However, when this happens, you could get pulled over and given a ticket for disobeying a traffic control device. If this happens to you, then you are going to want to know your rights, as well as the potential consequences of this traffic infraction.
What are Your Rights if You Get a Ticket for Disobeying a Traffic Control Device?
Disobeying a traffic control device in Massachusetts is not considered a criminal penalty, but you still have similar rights, such as being innocent until proven guilty with the burden of proof on the Commonwealth to prove you committed the infraction. As such, when you receive the ticket, you will have 20 days to respond, either by paying the fine or requesting a hearing. If you pay the fine, the matter is over and whatever points that come with the ticket will be assessed to your license going forward.
If you decide to request a hearing, you will be required to pay court fees if you lose the case. The hearing will be held before a magistrate in the county where you were given the ticket, and you will have the right to bring witnesses, documents, and other evidence to support your position. You can even ask questions of the police officer who pulled you over, as well as any other witnesses presented by the Commonwealth at the hearing.
Finally, you have the right to legal representation, meaning that you can hire an attorney to represent you at the hearing. While you have the right to representation, the Commonwealth does not have to provide you with one unless the traffic violation carries criminal penalties. Still, having an attorney present increases your chances of getting a satisfactory result at the hearing.
What Happens if You Fail to Respond to the Ticket?
Drivers who do not respond to the ticket within the 20-day period are deemed to have waived their right to a hearing. In addition, the ticket will begin to accrue late fees if unpaid after 20 days. If this continues, you will receive a notice of default. Failure to pay the fines and late fees can result in suspension of your driver’s license, taking away your right to operate a motor vehicle.
What are the Penalties for Disobeying a Traffic Control Device?
Massachusetts issues fines and penalties for disobeying a traffic control device that increase with each subsequent violation. This includes the point system for traffic violations. So, the first time a motorist is found guilty of an infraction involving a stop sign or red light, he or she will be assessed a $100 fine and have two points added to his or her driving record. A second offense can result in a fine of $150 and an additional two points. For the third and each subsequent violation, the driver could face a fine of up to $500, additional points, and the requirement that he or she complete a driver behavior program. The penalties are less harsh for an improper right turn on red. For these violations, a driver will receive a $35 fine and two points on his or her license.
The points can often prove to be a problem. In Massachusetts, a motorist who amasses 12 points or more within a 24-month period will have his or her driver’s license suspended. If a driver accumulates 24 or more points in a 60-month period, his or her driver’s license will be revoked. Each ticket for disobeying a traffic control device brings a driver closer to a suspension or revocation.
Tickets for disobeying a traffic control device can also have consequences for your auto insurance. The Merit Rating Board manages the point system here in Massachusetts, with the Safe Driver Insurance Plan (SDIP) assigning points based on the severity of the traffic violation. In some cases, running through a red light or failing to stop at a stop sign can cause the SDIP to assign points that will increase your insurance premium by up to 30%. This increase can last for up to six years, so that one instance of disobeying a traffic control device can have a lasting impact on your life.
Contact a Worcester County Traffic Ticket Attorney Today
Getting a ticket for disobeying a traffic control device is a serious traffic violation. This is why it is crucial to make sure you get the representation you need when this happens to you. The experienced traffic ticket attorneys at Geraghty Law LLC will provide you with the legal assistance you need to keep your driving record clean. Contact us today for a consultation so we can begin working together on your case.
