It’s not because I don’t love you
I’d like to tell you otherwise, but honestly, nothing has happened lately. I don’t have any new stories, facts, or opinions to share with you.
I did realize that I never told you how this little escapade turned out. I guess I didn’t write about it when I filed my appeal on January 28th, or write about it when I was asked to submit a brief by March 7th, or when I petitioned the court for a month extension, or when I finally submitted it on April 7th, or when I was instructed to appear for oral argument on May 6th, or when I received their finding on May 17th. At no point did I write about any of those things.
Let’s cut to the chase.
So there is that. Truth and justice carried the day — although it’s not like I got any of my filing fees back — and then a month later I learned that Massachusetts had suspended my driving license for not paying the fine that three appellate judges decided was invalid. That wily executive branch will try anything; although that error was, on the whole, much less expensive and time consuming to correct than their original.
Marc Horowitz said,
March 1, 2006 @ 18:23
I’m in a very similar situation. I’ve skimmed your April 7th brief (excellent stuff). Is there any sort of document issued by the apellate court which would have specific value as precedent? Or would it be up to the magistrate or judge to determine that your case and my case are similar enough that it should get thrown out?
phik said,
March 13, 2006 @ 11:16
No, the appellate court ruled without comment, so I don’t think there’s anything for you (or I) to lean on here.
You’re welcome to use as much of that brief as is relevant to your situation, but as a fair warning, the judicial system doesn’t (in my opinion) get serious until you’re past the magistrate, past the de novo hearing, and into the three-judge appellate panel.
It’s maddeningly frustrating that you have to rack up all kinds of nonrefundable court fees just to get to that stage, and that the bottom rungs have been so corrupted by citations-as-revenue-stream that almost everyone has lost all sense about why we have traffic laws in the first place. But here we are.
Fortunately (and to my great surprise) you have state and federal laws that require something approximating common sense in the setting and enforcing of speed limits. I don’t know how the MUTCD survives.
-p
Dan said,
November 7, 2006 @ 18:50
Hi Philip,
I found your site through Google. I am in the same situation you were, about to go to Appellate Court to fight an illegal speed limit in Boston.
I found your PDF Brief to be quite informative. Is that Brief what you sent in with your ‘Request for Appeal’ after you were found responsible in Trial Court? I ask because I have to file my appeal this week and don’t know what to write/attach to the appeal form.
Thanks for any help,
Dan