Citation with multiple errors

[Mass_Shyster]

Not at the hearing, before hand, I have the right to gather evidence, both to ascertain if I want to request a hearing and then to present at the hearing (or later court dates). I have the right to request the officer's training history with regards to radar devices, his/her notes on his/her half of the citation, etc, can I also request to see what hours he/she was working around the time the said offense too place?

You can request discovery if you lose at the clerk's hearing, pay an additional fee, and bring the case in front of a judge.

Read here for more information

http://www.mass.gov/courts/selfhelp/tickets/appealing-ticket.html

 

[jakejm79]

So just to wrap this up. I can say the wrong date does make a difference. While obviously mistakes are made, if the mistakes are not corrected and the officer's testimony (which is pretty much the majority of the evidence in most speeding cases) and the officer testifies that it happened on a certain day when it clearly didn't then it wont stand up in court.

Thanks for everyone that provided helpful feedback.

 

[Zigner]

So just to wrap this up. I can say the wrong date does make a difference. While obviously mistakes are made, if the mistakes are not corrected and the officer's testimony (which is pretty much the majority of the evidence in most speeding cases) and the officer testifies that it happened on a certain day when it clearly didn't then it wont stand up in court.

Thanks for everyone that provided helpful feedback.

If the officer testifies to it happening on a certain date that it clearly didn't happen on, then yes. HOWEVER, in the type of case you described, the officer would simply testify that it was a simple mistake.

I don't believe for a minute that you got out of this (and you didn't say that you did.)

 

[jakejm79]

I had a Magistrate's hearing and was found at no fault, so yes I did 'get out of it'.

Again maybe you misunderstood, but at the Magistrate's hearing the officer that wrote the citation is not present (as is common during many Magistrate's hearings in the state of MA) and just provides a written statement.
In this case stating that the offense occurred on a different date to the day it actually took place. Since the date listed on the citation is the date the offense allegedly took place and that is what the officer states, when you produce the incident report clearly stating it happened on a different day there is no case.

If the officer had been aware of his mistake (and TBH he probably should have when looking over the paper work at the end of his shift) he was free to amend it prior to the hearing but at the hearing he can't just change his written statement at the last minute because the defendant pointed out his error.

Maybe you aren't aware with the Laws in MA, but if the officer states (or writes) a statement that is untrue and you can prove that then his whole testimony has little weight.

 

[Zigner]

Maybe you aren't aware with the Laws in MA, but if the officer states (or writes) a statement that is untrue and you can prove that then his whole testimony has little weight.

May YOU weren't aware of the laws in MA, if the written statement contains an obvious error, it won't have that much of an effect.

Congratulations.

 

[jakejm79]

I most definitely am not aware of all the laws, that is why I came here to seek advice of people that are.
Thank you.
Just wanted to update this thread now things have come to a complete conclusion since often threads lack that.