Hey All,
Thanks for all of your advice on this.
Yes David K, this is for the stop when I was bringing you to that job at the boathouse.
The way it works in Massachusetts is that you are guilty unless you can prove otherwise.
Your first chance to get out of the citation is with a Magistrate (clerk) and a representative of the police department. Typically, if you have some sort of strong argument, the magistrate will offer a reduced fine.
The alleged offender can accept a deal from the Magistrate or request a hearing with a judge.
The magistrate did offer me a discount on the ticket -from $200 to $125 for an alleged 60mph in a 40mph zone. Even though I wasn't speeding, I don't really have a problem with paying the fine. The big problem for me is that in Massachusetts, the insurance penalty is insane.
I was not speeding. In a full-size van, in a narrow lane, especially after seeing the trooper set up going the other way on the road minutes earlier, I was driving in the slow traffic lane at the 40mph speed limit.
I'm confident the trooper hit another vehicle with his LIDAR gun. I've returned to that stretch of road, and can't get over 50mph... (I've tried!).
I declined the Magistrate's discount, requested a hearing with a judge. As I left the courthouse, I realized that I wanted to get the make and model of the LIDAR gun to help better prepare. I returned to ask the Trooper what make and model, she said that she didn't know those numbers, but that I could file a motion to request that information. I did, and was floored when yesterday I got a letter (next day) from the Clerk. It's marked "Denied. You May Request the Lidar's Certification from the Trooper."
I'm stumped.
I guess I'll play along and request this certification, but don't understand why I'd be denied the opportunity to learn what make and model the LIDAR unit is.
Ugh...
Just trying to save $1000+ in insurance penalties.
Thanks again all, Happy Holidays!