Speeding Ticket in MA, entrapment?

[mikal hook]

Hi, I have a NH drivers license. Several months ago I received a speeding ticket in MA, I think it was for 88 (approx) on a 65 mph interstate. The police officer was in his cruiser, hiding down an embankment, WITH NO LIGHTS ON, no interior or exterior lights at all, this happened late at night, when I was exhausted and had to drive several hours home from the airport. I know I was speeding but do not think I was going as fast as he says he clocked me. There were other cars on the road as well that were speeding but I was the unlucky one. I had 2 people/witnesses in my vehicle that can testify to the fact that he was hiding with no lights on. I was stunned and did not ask to see radar, I know I was not thinking! My first question is: Was this a legal stop? Some people have told me that it is entrapment, which I don't think would wash in court, but is it legal for him to hide in the complete dark like that? I decided to try and fight the ticket, I checked the request for court hearing, promptly mailed the summons and have not heard anything back. This is going on 6 months, what should I do? Do nothing? Call NH DMV where I live? Call state of MA where the ticket was issued? I have no ticket # or info., as I mailed it in!? Thanks for your advice!

[PrairieDawg]

LOL! Are you for real? I've been known to speed from time to time but I also accept that I am takeing a risk of getting caught (not to mention the fact that there are inherent risks associated with high speeds). Now I'm not a US citizen or a lawer but I can not see where hiding a police car could be considered entrapment. Generally entrapment reguarding speeding refers to hidden speed zone signage in an area where one would not expect a change in legal speed. In your case you were appearently doing 88 mph in a 65 mph zone and got busted ... no big deal. Are you saying that all law enforcement vehicles should be lighted like Christmass trees at all times so that law breakers are aware of where they are and therefore able to avoid prosecution for all things illegal?

[Darthtanion]

Here is my advice, a twofold process:

1- Pay the ticket... you were speeding and obviously deserved it.

2- If you don't like tickets, don't break the law.

There now, wasn't that easy?

[paulmartin143]

I think it's definitely entrapment. While most roads in MA are so bad you can't possibly go above speed limit, here they have it, a beautiful interstate where you can finally step on it and safely go at 90 mph without even noticing it

Now, on serious note, you are probably already found guilty and consequences will follow soon. Call MA RMV to find out if that's the case. Also, call PD that issued a ticket (find which one based on where you got the ticket). Don't just ignore it. FYI, there is no SOL, it's a civil infraction.

[Darthtanion]

It most certainly is NOT entrapment. The concept of entrapment means that the officer in question, in this case a patrol unit sitting dark off the roadway after dark, presents an opportunity that a normal person perceived as being too good to pass up. As a matter of fact, here is what Merriam Webster has as the definition:

the action of luring an individual into committing a crime in order to prosecute the person for it.

A roadway with no visible law enforcement would not fall into this category, especially when odds are good that there were properly posted spped limit signs in place. The officer did not lure or entice the speeder into breaking the law. Just because a cop isn't around doesn't mean your actions are unlawful. To think this is idiotic at best.

Some person was driving above the stated speed limit and got caught. Cry a river for me and pay the damn fine. Good grief!

[PrairieDawg]

I've often thought that there should be some sort of IQ test prior to issuing a drivers licence. "I didn't see the cop in time to slow down from an excessive rate of speed so I was entrapped"??? or "The road was so good that I felt compelled to speed and therefore the law doesn't apply"???. How on earth do these people manage to start the car in the first place?

People ... as I've stated: I too have done some speeding in my youth (in excess of 130 mph in a 50 mph zone a few times but not busted). I was once caught doing over 90 in a 60 zone. Getting caught wasn't really a surprise and the ticket was well deserved. Even in my youth I knew that the ticket was earned and my own damned fault. These days (in my mid 40's) I seldom exceed limits on the highway by more than 6 - 8 mph and even at that rate an officer would be well within his rights to write me up if he so desired and it would be my own fault. The law is the law reguardless of if there is an officer there at the time or not.

By the way Darth .... just for the record it's been over 20 years since my last ticket and my license and record are spotless.

[NimrodAUS]

Ahaha, Entrapment?? Come on. Getting Busted sucks but what are ya gunna do? Pay the Fine! In Australia, for some Stupid reason a stationary Speed Camera (radar) has to be Visably Signed. Eg. SPEED CAMERA AHEAD, or Speed Camera's Operate in this area. Crap Like that. Its pretty Stupid if you ask me as if you were speeding you normally would slow down to avoid a fine, which in a way is good cause it probably saves lives. Now Im not an angle, infact I only have 1 point left on my Licence, but I still think that its a good idea having the cops not advitise theres a radar as people wont learn a damm thing that way. Believe Me everytime I drive now I make sure I dont speed cause I really dont want to loose my Licence. Generally, Speeding tickets just dont disapear, next thing you know you will have the FEDS kickin in your door and haulin you off to the lockup. lol.

I once got a speeding ticket, and the Police Officer had incorrectly writen down my Vehicle details. Now this was in Broard Daylight and somehome My Metalic Blue Commodore was Black on the ticket and my Tasmanian Number Plates were Victorian. Now that would have made a good case to use to get out of that ticket, however unfortunatly I didnt even know of this error until about 5 minutes after Id Payed the fine and my wife was reading the ticket and pointed it out. DOH!!!!!!!!!!!!!!

Best Just not to Speed. Or Take it to the Track! Or Buy a doey diesel

[Argosyangele]

I beg to differ with everyone. My brother just got out of a speeding ticket because the officer was hiding and was not in plain view. He was parked on a side street and hiding behind the trees at the corner of the road. I have also talked to his attorney and she informed me that the cop that just gave me a speeding ticket was in the wrong too because he was illegally parked on side of the road after hours in the pitch dark and no street lights, with no parking lights on. If I would have hit him, he would be having to pay for my car to be fixed. Too bad he didn't startle me enough to jerk the steering wheel. I live in Louisiana though.

[artdrivers]

Each state has their own laws. It does not matter what the law is, as much as; how the judge rules your case. In your case they may already have a warrant for your arrest. The thing you don't want to do is nothing, or ignore it. It is possible they sent you a request for court appearance in the mail and you did'nt receive it. Call the NH state police and ask whats up? Let us know how that goes.