After a long wait, it looks like the winter weather has arrived. Be careful driving out there. When it snows, te roads get slippery and accidents are more frequent.
If you are in an accident and are injured by another driver, call my office to find out how to get your medical bills taken care of and to see if you may be eligible for a personal injury settlement.
If you are in an accident and you insurance company finds you at fault, contact me about how to appeal your accident surcharge.
Friday, January 20, 2012
Thursday, January 19, 2012
Be careful of license suspensions in Massachusetts
If you get any combination of surchargeable events against your license, you could be looking at a suspension! Be careful of you are close to any of the following:
1. 3 events in 2 years. To avoid a suspension on this, make sure you take the National Motorist Safety course within the time allowed by the RMV.
2. 7 surchageable events in 3 years. With this one, you cannot avoid the suspension by taking a class. Make sure you appeal the tickets and accident surcharges to avoid the suspension.
3. 3 speeding tickets in one year. If you are close to this, remember to appeal the citations. The RMV uses the date of court finding to determine if the events are within a year. By appealing, even if you are found responsible, you may be able to delay the date of finding to avoid the suspension.
4. 14 offenses in 5 years. This is a habitual traffic offender suspension and carries a 4 year suspension. F you are close to this, consult an attorney to assist you in fighting the citations.
1. 3 events in 2 years. To avoid a suspension on this, make sure you take the National Motorist Safety course within the time allowed by the RMV.
2. 7 surchageable events in 3 years. With this one, you cannot avoid the suspension by taking a class. Make sure you appeal the tickets and accident surcharges to avoid the suspension.
3. 3 speeding tickets in one year. If you are close to this, remember to appeal the citations. The RMV uses the date of court finding to determine if the events are within a year. By appealing, even if you are found responsible, you may be able to delay the date of finding to avoid the suspension.
4. 14 offenses in 5 years. This is a habitual traffic offender suspension and carries a 4 year suspension. F you are close to this, consult an attorney to assist you in fighting the citations.
Tuesday, February 22, 2011
Suspended?
In Massachusetts, those pesky speeding tickets do not just result in a fine. Depending on the citation, it can be one or more surcharges that cause your insurance to skyrocket.
But even beyond the surcharges, the possibility of a suspension to your drivers license is looming overhead.
3 Speeding tickets in one year: If you have a lead foot, beware!! 3 speeding tickets in one year result in a suspension.
3 surchargeable incidents in 2 years: This suspension recently replaced the previous 5 surchargeable events suspension. Though this is harsh, it is possible to take the National Motorist Class to avoid suspension.
7 Surchargeable incidents in 3 years: Any combination of 7 surcharges will result in this suspension.
12 surchargeables in 5 years: The dreaded habitual suspension, this can cause a loss of license for 4 years!!! Criminal convictions are weighted differently for the purpose of this suspension, so make sure you keep track of each.
Junior Operator Speeding: If you are under 18 and convicted of speeding, you are looking at an automatic loss of license, even if your appeal hearing happens after your 18th Birthday. A second ticket can cause an even longer suspension, so make sure these tickets are appealed!
Appealing the tickets is a good way to avoid expensive surcharges and lengthy periods of suspensions. If you have any questions on these types of suspensions or are seeking counsel, contact my office.
But even beyond the surcharges, the possibility of a suspension to your drivers license is looming overhead.
3 Speeding tickets in one year: If you have a lead foot, beware!! 3 speeding tickets in one year result in a suspension.
3 surchargeable incidents in 2 years: This suspension recently replaced the previous 5 surchargeable events suspension. Though this is harsh, it is possible to take the National Motorist Class to avoid suspension.
7 Surchargeable incidents in 3 years: Any combination of 7 surcharges will result in this suspension.
12 surchargeables in 5 years: The dreaded habitual suspension, this can cause a loss of license for 4 years!!! Criminal convictions are weighted differently for the purpose of this suspension, so make sure you keep track of each.
Junior Operator Speeding: If you are under 18 and convicted of speeding, you are looking at an automatic loss of license, even if your appeal hearing happens after your 18th Birthday. A second ticket can cause an even longer suspension, so make sure these tickets are appealed!
Appealing the tickets is a good way to avoid expensive surcharges and lengthy periods of suspensions. If you have any questions on these types of suspensions or are seeking counsel, contact my office.
Thursday, February 3, 2011
The Weather Out There is Frightful!
The past month has been treacherous, weather wise. Leaving roads slippery, sidewalks icy and roof's covered in snow. With the current messy conditions, accidents are often unavoidable.
If you are in an accident, it is very important to assess whether you are hurt and seek any necessary medical treatment. In addition, there are some other steps you can take in case you need to make a claim for injuries.
1. File an accident report. With car accidents, depending on the amount of damage, it may be required. In slip and fall accidents, it is important to document that the accident occurred and that it was reported.
2. Take pictures. Everyone has a camera phone these days. Snap a few pictures of any damage that has occurred, or the conditions that caused the accident to happen. It can help in a number of ways down the line.
3. Talk to witnesses. If you can get the names and numbers of any witnesses, it could be very helpful to any possible claim.
4. Contant an attorney. Even if you do not wish to make a claim, you may have questions about insurance surcharges, property damage, or medical bills.
Kelly Broadbent
Nelson & Broadbent
160 Doyle Road
Holden, MA 01520
(508) 425-7230
www.johnpnelsonlaw.com
www.twitter.com/kellybroadbent
If you are in an accident, it is very important to assess whether you are hurt and seek any necessary medical treatment. In addition, there are some other steps you can take in case you need to make a claim for injuries.
1. File an accident report. With car accidents, depending on the amount of damage, it may be required. In slip and fall accidents, it is important to document that the accident occurred and that it was reported.
2. Take pictures. Everyone has a camera phone these days. Snap a few pictures of any damage that has occurred, or the conditions that caused the accident to happen. It can help in a number of ways down the line.
3. Talk to witnesses. If you can get the names and numbers of any witnesses, it could be very helpful to any possible claim.
4. Contant an attorney. Even if you do not wish to make a claim, you may have questions about insurance surcharges, property damage, or medical bills.
Kelly Broadbent
Nelson & Broadbent
160 Doyle Road
Holden, MA 01520
(508) 425-7230
www.johnpnelsonlaw.com
www.twitter.com/kellybroadbent
Follow On Twitter!
I recently put together a business twitter. Follow my law related posts on Twitter @KellyBroadbent
Wednesday, February 25, 2009
Traffic Tickets in Massachusetts
Traffic tickets in Massachusetts have become my nemesis. It seems more and more, I am fighting in the courts to dismiss traffic violations for clients. Is it a sign of the tough economic times? Are the local police forces attempting to balance the budget in Massachusetts? One can only wonder.
Its important to be educated as to how to fight the ticket if you want any chance at all to win. Going in to the hearing and admitting that you were speeding is not the best strategy. Its best to be on the offensive and know what you are being accused of.
The officer that stopped you can check off boxes stating what evidence he has that you were speeding. Was it clocked? Estimated? Lidar? A ticket that only has estimated checked is much easier to beat than a ticket with Lidar checked off. Approaching the ticket with a familiarity of how your speed was measured can tell help with how to defend yourself.
Also, its important to examine the ticket for other mistakes. Did the officer say you are a male and you are really a female? This could be a defense to have the ticket dismissed.
Are there witnesses? If you have a witness who was riding along and observed your speed, it may be helpful to bring them along.
In Massachusetts, you have 2 hearings. If you are found responsible at the first, you may appeal and have a second hearing in front of the judge. If the clerk magistrate reduced your ticket, you still receive the surcharge on your license. Only a finding of not responsible will prevent the surcharge on your insurance.
Remember, traffic attorneys fight tickets like yours every day. Do not hesistate to contact a traffic attorney for help with your ticket or to represent you for the hearing. An attorney may be the best asset in preventing several years of surcharges on your insurance as well as a costly fine.
Its important to be educated as to how to fight the ticket if you want any chance at all to win. Going in to the hearing and admitting that you were speeding is not the best strategy. Its best to be on the offensive and know what you are being accused of.
The officer that stopped you can check off boxes stating what evidence he has that you were speeding. Was it clocked? Estimated? Lidar? A ticket that only has estimated checked is much easier to beat than a ticket with Lidar checked off. Approaching the ticket with a familiarity of how your speed was measured can tell help with how to defend yourself.
Also, its important to examine the ticket for other mistakes. Did the officer say you are a male and you are really a female? This could be a defense to have the ticket dismissed.
Are there witnesses? If you have a witness who was riding along and observed your speed, it may be helpful to bring them along.
In Massachusetts, you have 2 hearings. If you are found responsible at the first, you may appeal and have a second hearing in front of the judge. If the clerk magistrate reduced your ticket, you still receive the surcharge on your license. Only a finding of not responsible will prevent the surcharge on your insurance.
Remember, traffic attorneys fight tickets like yours every day. Do not hesistate to contact a traffic attorney for help with your ticket or to represent you for the hearing. An attorney may be the best asset in preventing several years of surcharges on your insurance as well as a costly fine.
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