Legal Question in Traffic Law in Massachusetts

I got a traffic violation, requested a hearing, and waited for the hearing date to come in the mail. Months later I received a letter telling me not only do I have to pay the original fine, but I have to pay extra fees for not showing up on my court date and get my license revoked if I don't pay the fees by a certain date. I never received a letter for the hearing date, if I had I would have gone to the hearing. I went to the courthouse and they said they hadn't received it back from the post office so it was considered delivered and they would not reschedule a court date. How can they prove that I received the letter if it wasn't sent certified mail? Mail gets lost, it happens. Can the court punish me for not receiving the letter?


Asked on 10/14/09, 4:57 pm

2 Answers from Attorneys
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Yes-the court will consider that you received the notice if the letter was not returned to the courthouse citing "unable to deliver."

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Answered on 10/20/09, 12:01 pm
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney to file a motion requesting the matter be remanded to a clerk's hearing supported by your affidavit of non receipt of the original notice. Good Luck!

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Answered on 10/20/09, 5:38 pm


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