- 1). Look at the ticket to see if the officer checked off the box for a warning, a civil violation or a criminal violation. If it's a warning, you can't contest it. If it's a civil violation, you have 20 days to pay the fine or contest it. If the officer checked off the criminal box, it means at least one offense is criminal. You can ask for a hearing to contest some criminal violations before the case goes into the trial process, but you only have four days to do so. If you have civil and criminal violations, they're bundled together and handled through the criminal process.
- 2). Request a hearing before a clerk magistrate on civil violations by checking off the box on the back of your ticket and mailing it to the Massachusetts Registry of Motor Vehicles within 20 days of the date on the ticket. If you have any criminal violations on the ticket and want to contest the ticket, check off the box on the back that requests a "show cause" hearing. Mail or deliver the ticket to the clerk-magistrate's office at the local courthouse within four days.
- 3). Watch for mail from the court to notify you of the hearing date and time. If you can't make it to court on the scheduled date, contact the clerk magistrate's office to request another date. You may have to provide documentation to show why you can't attend the hearing on the original date. It's up to the clerk magistrate to decide whether to grant the request.
- 4). Show up at the courthouse on time or a little early on the hearing date. If you miss the hearing, you won't get another chance unless you immediately file a motion explaining why you missed it for a reason beyond your control and the magistrate decides to reschedule it. If he rejects the motion, you can't appeal. If the ticket is for civil violations, you're liable for the ticket fine. If you miss a hearing on a ticket that involves a criminal charge, the clerk magistrate will issue a summons for you to appear before a judge.
- 5). Report to the clerk magistrate's office when you arrive at the courthouse and wait for your hearing. Massachusetts charges a $25 fee for a noncriminal hearing, which you must pay before the hearing begins. Be prepared to wait past its scheduled time. The clerk magistrate or an assistant clerk magistrate will conduct the hearing. Listen to his instructions about the procedure and follow them. The police officer or a representative of the police department will present the police case first. You will have an opportunity to ask questions, but the officer who issued the ticket doesn't have to appear at the hearing.
- 6). Present your case when it's your turn to speak. Explain why you're not responsible and present evidence, such as photographs. You can call witnesses to testify. The clerk magistrate will make a decision on whether you're responsible for a civil violation based on the hearing. If the case involves a criminal violation, she'll decide whether there is probable cause to issue a criminal complaint and send the case to trial. That's not the same as deciding you're guilty; it's a decision that the facts are sufficient to hold a trial.
Source...