Boston / “Afterwards we can go for a victory breakfast”
Best of Penny-Arcade: Xbox installation instructions. Step 1: open outer box. Step 2: throw away the included controller
I got my second day in traffic court today, and I took Joe “Victory Breakfast” Shaw and Chris “Aviation Meteorologist” Blizzard along for moral support.
The judge listened patiently to my well-reasoned and -documented arguments, took the time to read almost everything I handed him, and asked some reasonable questions. Then he took the time to patiently explain his logic and the appeals process — carefully avoiding any mention of my core argument — and ruled against me.
Our theory about this gross miscarriage of justice is that he was not at all interested in addressing the issue of whether the majority of speed limits in Boston, and indeed the entire Commonwealth, are likely posted illegally, and punted me to the appeals court. In case I chose to appeal, he was very careful to explain his reasons for rejecting my other smaller, and fundamentally less interesting arguments. But he didn’t go anywhere near the core of my defence.
The next step in the process is to petition the District Court Appellate Division to reverse the ruling on the basis of an error in law. If they agree to hear the case, the Commonwealth and I can submit briefs and (upon apparently-rare request) go for oral argument, after which a three-judge appelate panel will rule.
I took all of this to a lawyer who specializes in traffic law, who told me that he had never seen this appeals form before, and had never heard of a traffic case going to appellate court. This led me to the conclusion that he was either not a very good lawyer, or such a good lawyer that he won all of his cases before they got that far. I’m honestly not sure which one is more likely. He did have a very nice office, and didn’t charge me for the visit, so he’s probably not hard up for clients.
This is all actually pretty cool, and, win or lose, an experience that I’m glad to have had. But I wish the judge could have weaseled his way out of it without it costing me an extra non-refundable $180 to file an appeal.
That’s right — even if I convince the panel that the speed limit is illegal, and that I never should have been here in the first place, they keep my $180. Get there, justice.




