I want to fight a civil violation in Massachusetts I've received to
avoid the points against my perfect driving record and the increases
to my insurance premiums. I'm looking for effective strategies and,
unfortunately, I can't afford legal representation in my behalf.
On Sept 1st, at about 8:30 pm, I heard a cruiser "chirp" his siren
about three times outside my apartment. I could see his lights
reflecting off the window blinds from where I was doing some work on
my computer, but I did not investigate further. After about 10
minutes or so, a local (Southbridge) officer banged on the door of my
apartment and asked if the car parked on the street was mine. I said
yes and noticed the tow truck hooking it up to it.
He informed me that my registration was expired, confirmed my name and
address (verbally), and handed me a citation for $100.00. I wasn't
even aware that it had expired (less than 24 hours previously), and
told him that I thought my wife had taken care of the registration via
mail. He, basically, said to take it up with the judge as he was
walking away and leaving.
The whole exchange with the officer was over in less than 2 minutes
(probably closer to 1 minute, but sense it was so surreal, I can't be
sure!) The next morning, I got a registration sticker from the RMV
and paid the $95 towing/storage fee (along with a rental car fee of
$43 so I could go to work and
retrieve my car.)
The ticket states the offense as Chapter 90 Subsection 9 -
"Unregistered motor vehicle in a public way" According to
http://www.mass.gov/legis/laws/mgl/90-9.htm:
"GENERAL LAWS OF MASSACHUSETTS
PART I.
--------------------------------------------------------------------------------
TITLE XIV.
PUBLIC WAYS AND WORKS
--------------------------------------------------------------------------------
CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT
--------------------------------------------------------------------------------
MOTOR VEHICLES
Chapter 90: Section 9 Operation of unregistered or improperly equipped
motor vehicles, tractors, trailers, etc.
Section 9. No person shall operate, push, draw or tow any motor
vehicle or trailer, and the owner or custodian of such a vehicle shall
not permit the same to be operated, pushed, drawn or towed upon or to
remain upon any way except as authorized by section three, unless such
vehicle is registered in accordance with this chapter and carries its
register number displayed as provided in section six, and, in the case
of a motor vehicle, is equipped as provided in section seven. A motor
vehicle which is being towed or drawn by a motor vehicle designed to
draw or tow such vehicles need not be so registered if (a) the towing
vehicle is properly registered and displays a valid repair plate
issued pursuant to section five, (b) said towing vehicle maintains
insurance which also provides coverage for the motor vehicle being
towed, and (c) said towing vehicle has been issued a certificate by
the department of telecommunications and energy pursuant to paragraph
(b) of section three of chapter one hundred and fifty-nine B. A
tractor, trailer or truck may be operated without such registration
upon any way for a distance not exceeding one-half mile, if said
tractor, trailer or truck is used exclusively for agricultural
purposes, or between one-half mile and two miles if said tractor,
trailer or truck is used exclusively for agricultural purposes and the
owner thereof maintains in full force a policy of liability insurance
which conforms to the provisions of section one hundred and thirteen A
of chapter one hundred and seventy-five or for a distance not
exceeding three hundred yards, if such tractor, trailer or truck is
used for industrial purposes other than agricultural purposes, for the
purpose of going from property owned or occupied by the owner of such
tractor, trailer or truck to other property so owned or occupied. A
new automobile being delivered to a dealer by means of a tractor and
trailer may be unloaded on a public way and driven by the person so
delivering or his agents or servants without such registration to a
dealer's premises over a public way for a distance not exceeding three
hundred feet provided that the person so delivering, with respect to
such new automobile, shall have filed with the registrar a motor
vehicle liability policy or bond in compliance with the provisions of
this chapter. A motor vehicle designed for the carrying of golf clubs
and not more than four persons may be operated without such
registration upon any way if such motor vehicle is being used solely
for the purpose of going from one part of the property of said golf
course, provided that the owner of such motor vehicle shall have filed
with the registrar a public liability policy or bond providing for the
payment of damages to any person to the amount provided by section
thirty-four A due to injuries sustained as a result of the operation
of such vehicle. A motor vehicle owned by a cemetery may be operated
without such registration upon any way if such motor vehicle is being
used solely for the purpose of going from one part of the property of
a cemetery to another part of the property of said cemetery, provided
that such vehicle shall not travel more than one mile on any public
way and the owner of such motor vehicle shall have filed with the
registrar a public liability policy or bond providing for the payment
of damages to any person to the amount provided by section thirty-four
A due to injuries sustained as a result of the operation of such
vehicle. An earth-moving vehicle used exclusively for the building,
repair and maintenance of highways which exceed the dimensions or
weight limits imposed by section nineteen and the weight limits
imposed by section thirty of chapter eighty-five may be operated
without such registration for a distance not exceeding three hundred
yards on any way adjacent to any highway or toll road being
constructed, relocated or improved under contract with the
commonwealth or any agency or political subdivision thereof or by a
public instrumentality, provided that a permit authorizing the
operation of such a vehicle in excess of the stated weight or
dimension limits has been issued by the commissioner of highways or
the board or officer having charge of such way, and provided that such
earth-moving vehicle shall be operated under such permit only when
directed by an officer authorized to direct traffic at the location
where such earth-moving vehicle is being operated. The operation of
such an earth-moving vehicle shall conform to any terms or conditions
set forth in such permit, and any person to whom any such permit is
issued shall provide indemnity for his operation by means of a motor
vehicle liability policy or bond conforming to the requirements of
this chapter and shall furnish a certificate conforming to the
requirements of section thirty-four A with each such application for a
permit. Violation of this section shall not be deemed to render the
motor vehicle or trailer a nuisance or any person a trespasser upon a
way and shall not constitute a defense to, or prevent a recovery in,
an action of tort for injuries suffered by a person, of for the death
of a person, or for damage to property, unless such violation by the
person injured or killed or sustaining the damage was in fact a
proximate cause of such injury, death or damage, but violation of this
section shall be deemed evidence of negligence on the part of the
violator. A motor vehicle or trailer shall be deemed to be registered
in accordance with this chapter notwithstanding any mistake in so much
of the description thereof contained in the application for
registration or in the certificate required to be filed under section
thirty-four B as relates to the type of such vehicle or trailer or to
the identifying number or numbers required by the registrar or any
mistake in the statement of residence of the applicant contained in
said application or certificate. A person convicted of a violation of
this section shall be punished by a fine of not more than one hundred
dollars for the first offense and not more than one thousand dollars
for any subsequent offense."
I think I can have this dismissed based on the fact that the car was
not being "operated". In fact, the car had been sitting there for a
couple of hours. (Can I expect the judge to ask me how long the car
had been sitting there? How do I handle that without incriminating
myself?)
Help! |
