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#15: 02-26-2013, 08:35 AM
 
 Power6
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Quote:
Originally Posted by drifterx View Post
if you missed your appeal date, you can go to the RMV and ask for another one.
Oh that must have changed, last time I dealt with this probably 10 yrs ago, once the ruling was made (not likely in your favor if you don't show) it is a done deal. Pretty sure for a legal matter it is settled once the appeal happens whether you are present or not.

Quote:
Originally Posted by spc2125 View Post
It was in sept 2012... and i already paid the fine...
Can i still apeal?
There are two things you can "appeal" in MA, first the initial offense which goes through the court system as any other civil or criminal charge. Paying a fine is the equivalent of pleading guilty, so no you cannot appeal the charge after you admit to committing it, also double jeopardy applies I think but IANAL.

If you are assessed a surcharge, you can appeal that with the MA insurance board. This is where you plead the case that it was not your fault, you shouldn't be assessed a surcharge through insurance. The ruling is binding the insurance company can't surcharge if you win this. You can only appeal if it was an "at fault" ruling over multiple parties like an accident. You can't appeal a moving violation surcharge, it is assumed if the court found you guilty you were at fault in that case.

Always appeal tickets if you can through court, and if you are found at fault in an accident, appeal the surcharge, you go before a magistrate in a fairly informal setting, they read the insurance co statements, then you make your case with some matchbox cars, these are pretty easy to win, I have avoided 2 surcharges for being "at fault" this way.