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Office Location
Steven J. Topazio Attorney at Law
10 Winthrop Square, 4th Floor
Boston, MA 02110
Phone: 1-617-422-5803
Fax: 617-422-5805 E-mail | Map & Directions
Boston, MA 02110
Phone: 1-617-422-5803
Fax: 617-422-5805 E-mail | Map & Directions
Traffic Violations
Resolving Traffic Violations and License Suspensions
For dependable advice about your best approach for taking care of traffic tickets and avoiding the risk of or dealing with a driver's license suspension, contact the Boston law firm of Steven J. Topazio, Attorney at Law.
Our experience and understanding of the different ways of resolving traffic violations can help you maintain your driver's license, keep your insurance rates down, and for commercial drivers, even protect your livelihood. For example, we help drivers with speeding tickets and other citations take care of traffic violations at the earliest possible stage: the appeal of a ticket at a clerk's hearing. A favorable resolution at the next appeal stage, the district court level, is generally more difficult to achieve because the arresting officer will probably appear to explain the details of the violation before a judge.
Will your next speeding ticket result in a suspension of your driver's license?
Like many other states, Massachusetts has a points system that requires suspension or revocation of your license depending on the number and severity of traffic violations you accumulate over a given period of time. For example, three speeding tickets in a single year will result in a 30-day suspension. Twelve speeding tickets in a 5-year period will mark you as a traditional traffic offender, and result in a 4-year license revocation. Our ability to take care of traffic violations for many drivers can help you avoid the problems that a series of tickets can cause for you over time.
Traffic violation clients at our law firm include local drivers throughout the Greater Boston area, commercial drivers based in Massachusetts or traveling through the state, underage or juvenile drivers, college students, and private motorists from other states who get tagged for moving violations on I-95, Route 1, or the Mass Pike.
Comprehensive Investigation and Case-Building
To see how our detailed understanding of Massachusetts traffic violations law can benefit you, contact Boston Criminal Defense Lawyer Steven J. Topazio at 617-422-5803 or email him to schedule a free consultation.
RECENT CASE DECISIONS
December 20, 2011
Boston Municipal Court
Traffic Ticket Appeal
Speeding 730 CMR 708
The client, a 49 year old self employed cab driver, received a civil motor vehicle Massachusetts Uniform Citation for speeding. The citation alleged the client was traveling 65 mph in a 45 mph zone on Route 90 westbound in the Prudential Tunnel in Boston. The citation further alleged the client was caught on Radar. It is common practice for police to utilize either a Radar or Lidar device to determine a motor vehicle’s speed. RADAR or Radio Detection and Ranging is an object-detection system of electromagnetic waves (radio) used to detect range, altitude, speed, or direction. This signal, called a radio wave, bounces off nearby objects and the echo can be detected by the sender. LIDAR or Light Detection and Ranging on the other hand detects the same thing but uses pulses of laser light. Today, Attorney Topazio was successful in convincing to the Magistrate to find his client not responsible.
Result: Case dismissed.
November 20, 2011
Boston Municipal Court
Appeal of Magistrate’s Hearing
Wrong Way in tunnel
The client, a 37 year old cosmetics consultant, received a citation with a civil assessment for $500.00 for entering onto Route 93 in the wrong direction. The client was initially stopped by a detail officer who was working at the entrance of the tunnel and who ordered the client to reverse direction. In attempting to reverse direction, the client crashed into the police cruiser causing approximately $1800.00 damage to her vehicle, and was put through field sobriety tests and was cited. The client represented herself at the Magistrate’s Hearing but didn’t fare as well as she liked and was found responsible. The client appealed the Magistrate’s decision but hired Attorney Topazio to represent her before a Judge. Attorney Topazio investigated the event and discovered the State Police were in possession of a tunnel video which captured the entire event. Today at hearing, Attorney Topazio represented to the court that his client became disoriented when she entered the tunnel the wrong way due to following the commands of her GPS. Attorney Topazio pointed out to the court his client’s good driving record and established that there was no issue as to his client’s sobriety on the night in question and argued that his client should be found not responsible, and the Court agreed.
Result: Client found not responsible after hearing.
September 21, 2011
Boston Municipal Court
Motor Vehicle Magistrates Hearing
Failure to Stop and Yield to Pedestrian in Crosswalk c 89 § 11
The Client, a 24 year old Real Estate agent, who needs to travel by way of her motor vehicle as part of her employment, received a citation for failing to yield to a pedestrian in a crosswalk, and hired Attorney Topazio to represent her. Attorney Topazio advised his client to appeal the citation and to pay the required $25.00 processing fee. Today, Attorney Topazio was successful in convincing the Clerk Magistrate to give his client the benefit of the doubt and to find her not responsible.
Result: Client found not responsible and case dismissed.
July 13, 2011
Brighton District Court
Magistrate Hearing
Speeding c. 90 § 18
The defendant, the owner of courier service who relies on his driver’s license to earn a living, received a citation from a State Trooper for speeding, traveling 52 mph in a 35 mph zone, hired Attorney Topazio to represent him. Today, Attorney Topazio, as a result of his experience and understanding of the different ways of resolving traffic violations, was successful in persuading the Clerk Magistrate to find his client not responsible, despite his lengthy driving record.
Result: After hearing Defendant found not responsible and maintains his driver's license, protecting his livelihood.
July 06, 2011
East Boston District Court
Magistrate Hearing
Failure to Stop/Yeild c89 § 9
The defendant, a Boston cab driver who relies on his driver’s license to earn a living, received a citation from a State Police Officer for failing to stop at a red light when driving to the airport, hired Attorney Topazio to represent him. The client was stopped when he followed a second cab heading to the taxi pool as he was unfamiliar as to where to go and got confused by the terminals. Attorney Topazio instructed his client to appeal the citation so as to be granted a Magistrate’s hearing. Attorney Topazio argued that his client followed the other cab and failed to stop because he was afraid to get lost. Today, Attorney Topazio, as a result of his experience and understanding of the different ways of resolving traffic violations, was successful in persuading the Clerk Magistrate to find his client not responsible.
Result: After hearing Defendant found not responsible and maintains his driver's license, protecting his livelihood.
June 14, 2011
Worcester District Court
Magistrate’s Hearing
Worcester District Court
Magistrate’s Hearing
Speeding
The defendant, who received a citation for speeding, traveling 85 MPH in a 65 MPH zone, which was captured on Lidar at a distance of 1581 feet, hired Attorney Topazio to represent him. LIDAR (Light Detection And Ranging) is an optical remote sensing technology that can measure the distance to, or other properties of a target by illuminating the target with light, often using pulses from a laser. Today, Attorney Topazio, as a result of his experience and understanding of the different ways of resolving traffic violations, was successful in persuading the Clerk Magistrate to find his client not responsible.
Result: After hearing Defendant found not responsible.
May 25, 2011
Brookline District Court
Magistrate Hearing
Marked lanes Violation c. 89 § 4A
The defendant, the owner of courier service who relies on his driver’s license to earn a living, received a citation from a Brookline Police Officer for a marked lanes violation, and hired Attorney Topazio to represent him. The client was stopped after negotiating a lane change over a solid white line which indicated that it was prohibited to do so. Today, Attorney Topazio, as a result of his experience and understanding of the different ways of resolving traffic violations, was successful in persuading the Clerk Magistrate to find his client not responsible.
Result: After hearing Defendant found not responsible and maintains his driver's license, protecting his livelihood.
February 15, 2011
Brighton District Court
Magistrate Hearing
Speeding
No Inspection Sticker
No License or registration in Possession
The defendant, a Boston cab driver who relies on his driver’s license to earn a living, received a citation from a Boston Police Officer for speeding, no inspection sticker and no license or registration in possession, hired Attorney Topazio to represent him. The client was stopped while driving his son’s car, which was recently purchased, but due to mechanical problems, was not inspected. Attorney Topazio instructed his client to appeal the citation so as to be granted a Magistrate’s hearing. Attorney Topazio had his client bring the purchase documents on the car to the Magistrate hearing. Today, Attorney Topazio, as a result of his experience and understanding of the different ways of resolving traffic violations, Attorney Topazio was successful in persuading the Clerk Magistrate to find his client not responsible.
Result: After hearing Defendant found not responsible and maintains his driver's license, protecting his livelihood.
February 10, 2011
Boston Municipal Court
Civil Motor Vehicle Appeal
Failure to use safety M.G.L. c. 90 § 14
The defendant, a Boston Cab Driver and father of two, was given a civil motor vehicle citation for making an illegal U-turn where it was posted no U-Turn. The defendant initially represented himself at a Magistrate Hearing but was found responsible and appealed to a full hearing in front of a Judge. After appealing, the client hired Boston Criminal Defense Lawyer Steven J. Topazio to argue his case. Today Attorney Topazio conducted a full hearing with the citing officer and established that despite the posted no U-Turn sign, his client was cited for violating a general safety statute but in fact exercised extreme caution and safety in executing the U-turn; turning the cab around at a location where the double yellow line on the roadway was broken and further did not interfere with the movement of traffic. Attorney Topazio convinced the Judge to find his client not responsible.
Result: After hearing client found not responsible.
December 07, 2010
Cambridge District Court
Magistrate Hearing on Civil Motor Vehicle Citation
Marked Lanes Violation
The defendant, a Boston Cab driver, was cited for making an illegal turn with his cab while transporting a fare, hired Boston Criminal Defense Lawyer Steven J. Topazio to represent him at a Magistrate’s hearing. The defendant who leases his medallion could not afford a responsible finding the citation he received and had not fared well as a cab driver in the past representing himself. Today, Boston Criminal Defense Lawyer Steven J. Topazio convinced a Clerk Magistrate after hearing to find his client not responsible.
Result: After a Magistrate’s hearing, Defendant is found not responsible and avoids a possible suspension of his license and a mandatory insurance surcharge.
October 06, 2010
East Boston District Court
Magistrate Hearing
Use/Avoid Easy pass lane
The defendant, a Boston cab driver who relies on his driver’s license to earn a living, received a citation from a State Trooper for not using the easy pass lane when entering the Sumner Tunnel as required by law, hired Attorney Topazio to represent him. Attorney Topazio instructed his client to appeal the citation so as to be granted a Magistrate’s hearing so he could contest the citation. Today, Attorney Topazio, as a result of his experience and understanding of the different ways of resolving traffic violations, persuaded the Clerk Magistrate to find his client not responsible.
Result: After hearing Defendant found not responsible and maintains his client’s driver's license, protecting his livelihood.
July 19, 2010
South Boston District Court
Speeding Ticket 730 CMR 7.08
The defendant, who had previously been found responsible for two moving violations this year after representing himself, was facing a 30 day license suspension after receiving his third moving violation in one year (if found responsible), hired Attorney Topazio to represent him this time. The client, who was on his way to the airport to pick up his girlfriend, was given a citation for speeding after being stopped in the Ted Williams tunnel after radar indicated that he was traveling 55 in a 35 mph zone. Today Attorney Topazio convinced a clerk magistrate to find his client not responsible.
Result: Not Responsible and license not suspended.
May 19, 2010
Boston Municipal Court
Magistrate’s Hearing
Speeding, M.G.L. c. 90 § 17
No Seat Belt, M.G.L. c. 90 § 13A
The defendant, who operates a courier service, was given a citation for speeding and not wearing his seat belt, hired Attorney Topazio to represent him at a Magistrate’s Hearing. Today, Attorney Topazio argued that his client, who was nervous when stopped by police, instinctively went to remove his seatbelt which he thought was on, and was accused of being untruthful by the officer when questioned on that point. Attorney Topazio convinced the Magistrate to give his client the benefit of doubt and requested that his client be found not responsible, and the Magistrate agreed.
Result: Defendant not responsible, case closed.
April 23, 2010
Boston Municipal Court
Speeding MGL c. 90 § 17
The defendant, a local taxicab driver, received a citation for speeding. The citation indicated that the defendant was allegedly caught on Radar traveling 66 mph in a 45 mph zone. The client hired Attorney Topazio. A basic summary of how radar works is that a pulse is transmitted and any return or echo is listened for. If a return is sensed, the timing between the transmission and the reception of the echo is used to determine how far away an object is. However, there are many shortcomings to traffic radar. First of all, radar is prone to interference. The radar's antenna will accept any microwave that it is able to "hear". The antenna might not be "hearing" the waves which originated from its own unit. High voltage power lines, telephone lines, power stations, even neon lights emit electromagnetic waves. The specific source of the wave cannot be identified. Secondly, radar cannot determine which target reflected off the waves. If there are two cars both travelling in a close proximity, either car could be responsible for the resulting radar reading. Identifying the target is a job left to the radar operator, who frequently makes mistakes. At a distance of 200m, the width of the radar beam can usually cover all 4 lanes of traffic travelling in both direction, causing a large error in determining which car is responsible for the radar reading. Even if there is only one vehicle on the road, radar has a typical range of approximately 400m (1200 feet), which is beyond the visual range of most human eyes. The radar might be clocking a speeder at a distance of 300m, but the officer can only see an innocent driver coming towards him at a distance of 100m. Today after a Clerk’s hearing, Attorney Topazio convinced a Clerk Magistrate to find his client not responsible.
Result: Defendant not responsible, case closed.
March 01, 2010
Somerville District Court
Improper Passing MGL c. 89 § 2
The defendant who was stopped behind a second motor vehicle at Roosevelt Circle, received a citation when he passed that vehicle on the right because the operator of the second vehicle was talking to an operator of a third vehicle and was not moving, received a citation. The client hired Attorney Topazio. Today after a Clerk’s hearing, Attorney Topazio convinced a Clerk Magistrate to find the driver not responsible, thus preserving his clean driving record.
Result: Defendant operator not responsible, case closed.
January 12, 2010
Boston Municipal Court
Hazardous Materials not Allowed in Tunnel 730 CMR 7.10
Title 730 of the Code of Massachusetts Regulations prohibits passenger or commercial vehicles carrying any amount of hazardous material, excluding those materials required for the actual operation of the vehicle, to enter or to use the Tunnels. The defendant, a West Virginia paint company, received multiple citations for entering the Thomas P. O'Neil Tunnel with buckets of paint primer, finish, caulking and cans of gas. The citations charged both the driver and the corporation. The client hired Attorney Topazio. Today after a Clerk's hearing, Attorney Topazio convinced a Clerk Magistrate to find the driver not responsible, thus preserving his clean driving record, upon acceptance of responsibility of a single violation by the corporation.
Result: Defendant operator not responsible, corporation accepts responsibility, case closed.
January 07, 2010
Boston Municipal Court
Speeding MGL c. 90 § 17
The defendant, a resident of Illinois, who was in Boston for a convention, received a citation for speeding. The citation indicated that the defendant was allegedly caught on Lidar traveling 61 mph in a 45 mph zone. The client hired Attorney Topazio. LIDAR is an acronym for LIght Detection And Ranging. A police laser emits a highly focused beam of invisible light, in the near infrared region of light that is centered at 904nm of wavelength and is only about 22 inches (56cm) in diameter at 1000 feet (300m). Unlike police RADAR which directly determines a vehicle's speed by measuring its doppler shift, police laser-lidar calculates speed by observing the changing amount of time is takes to "see" reflected pulses of light over a discreet amount of time. Today after a Clerk's hearing, Attorney Topazio convinced a Clerk Magistrate to find his client not responsible.
Result: Defendant not responsible, case closed.
October 21, 2009
Boston Municipal Court
Failure to Stop MGL c. 89 § 9
The defendant, a Boston Cab driver, received a citation for failing to stop and represented himself at the initial clerk's hearing, but was found responsible by a Clerk Magistrate, hired Attorney Topazio for his appeal before a Judge of the court. Today after argument, Attorney Topazio persuaded the Court that his client did not violate the law arguing that the officer's view of his client stopping would have been obstructed by a building based on the officer's viewpoint and what the officer in fact saw was his client's second attempt to enter the flow of traffic.
Result: Defendant not responsible, prior ruling reversed, case closed.
