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Section 17 continues to say the following are prima facie
evidence of unreasonable speed:
- Exceeding 30 MPH for 1/8 mile in a "thickly settled" area
(business district, or where houses average less than 200
feet apart for 1/4 mile).
- Exceeding 40 MPH for 1/4 mile on an undivided highway outside a
thickly settled area.
- Exceeding 50 MPH for 1/4 mile on a divided highway outside a
thickly settled area.
- Exceeding 20 MPH in a school zone while children are present.
(The state MUTCD supplement says they are to be used only
at times and places when children under grade 9 are
crossing the street in marked crosswalks on designated
school routes on their way to and from school.)
- Section 18 permits additional speed regulations, with the
approval of the Highway Department and the Registrar of
Motor Vehicles. Section 17 also says that exceeding a
speed limit set by a section 18 regulation is prima facie
evidence of unreasonable speed. Section 18 regulations
must be posted to be effective, and supersede the
unposted limits set by section 17.
- MGL 90C-2 requires the police officer to request you to
sign the ticket. They rarely, if ever, do. Judges will
not usually dismiss a ticket for violation of this law.
Non-moving violation
Massachusetts law prohibits alternative dispositions of
non-criminal traffic offenses. You can't elect traffic
school or probation. The court must find you
``responsible'' or ``not responsible.'' There is also no
legal basis for a plea bargain to a different offense,
and I have never heard of a court accepting such a deal.
The court will probably offer you a reduced fine. If you
are from out of state this might be a good deal --
Massachusetts may not notify other states of the ticket.
For a Massachusetts driver, or anyone who might move to
Massachusetts in the next 6 years, this is a bad deal.
The
average insurance cost for a ticket is $500. If you can
see even a 10% chance of winning (for example, because
the officer doesn't show up on appeal), you are better
off fighting the ticket.
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