Traffic Law Question

[Scrivener]

NOW, did I officially APPEAR in court as a DEFENDANT even when no criminal complaint was made?
Because I am renewing my permit and I did receive any criminal complaints, I believe I should tick NO. I may be wrong, what do you all think?

I think you should actually read the application.

Question # 10 expressly EXCLUDES civil motor vehicle violations.

 

[derrick_lui]

I think you should actually read the application.

Question # 10 expressly EXCLUDES civil motor vehicle violations.

I did read the question, over and over again.
But the traffic citation had a CRIMINAL APPLICATION ticked, not "all civil infractions".
Whenever you get a traffic ticket that involves a criminal offence, you must go to court and see if a criminal complaint is filed against you. Now the question is if going to court to see whether a criminal complaint is filed, counts as "appearing as a defendant".

 

[Scrivener]

I did read the question, over and over again.
But the traffic citation had a CRIMINAL APPLICATION ticked, not "all civil infractions".
Whenever you get a traffic ticket that involves a criminal offence, you must go to court and see if a criminal complaint is filed against you. Now the question is if going to court to see whether a criminal complaint is filed, counts as "appearing as a defendant".

Really?

Then explain this from YOUR post:

the magistrates clerk [sic] did not issue a criminal complaint.

 

[jhblaze1]

You heard it from me - or someone quoting me. I've been using it for years. You are quoting it incompletely. Here it is in full:

What you tolerate, you validate;
What you put up with - YOU DESERVE!

Isn't that quote a bit redundant? Putting up with something is synonymous with tolerating it, no?\

I've been meaning to talk to you about this.

 

[derrick_lui]

Really?

Then explain this from YOUR post:

I think you may have never gotten a traffic ticket before.

When you receive the actual citation from the officer, they either check "Criminal application" or "All Civil Infractions".

If he cites you for any criminal stuff, he will check off CRIMINAL APPLICATION and require you to go to court.

Then you will go to court to see the magistrates clerk and he/she will decide if a criminal complaint will be made against you.

If so, you are officially charged and you will probably go to a real court with a judge with "commonwealth vs xxx" or so.
If not, you are not charged.

I went to the hearing and no criminal complaint was made for me as he just simply said "did you pay your old fine? <yes> did you reinstate your license? <yes> okay, no criminal complaint issued'.

 

[Scrivener]

I think you may have never gotten a traffic ticket before.

Then you will go to court to see the magistrates clerk and he/she will decide if a criminal complaint will be made against you.

That's "Clerk Magistrate," Ace.

 

[OnTheRoad]

I went to the hearing and no criminal complaint was made for me as he just simply said "did you pay your old fine? <yes> did you reinstate your license? <yes> okay, no criminal complaint issued'.

Hence the difference between a "Criminal Application" (the ticket) and a "Criminal Complaint" (criminal charges actually going forward). An application is just that - the clerk decides if there is sufficient facts / circumstances to issue an actual complaint.

(I'm sure I'll be corrected / Scriv'd if I oversimplified things here...but as a general rule)

If no complaint is issued, no criminal proceedings ensue and you are not a defendant in a criminal matter. You may still be looking at civil infractions, which you can appeal the same as a speeding ticket. Question 10 = "no".

If the clerk decides to issue a complaint, you get an arraignment date and criminal defendant status. Question 10 = "yes".

Had you been arrested for operating with a suspended license, the "Criminal Application" step gets bypassed and you go directly to arraignment. Then you get criminal defendant status. Question 10 = "yes".

Regardless of the eventual disposition of the case, even if it is dismissed, once the complaint has issued you are a defendant in a criminal matter.

(OTR braces himself...)

 

[vellnueve]

I would agree with OTR's assessment. You did not appear as a criminal defendant.

However, make sure you read my sig tagline.

 

[chowchow99]

I had a similar experience getting a reckless driving ticket issued to me back in the 70's.
I appealed it and it was dismissed. This has never caused me a problem with an LTC.
I don't remember what the penalty was if found guilty back then, that may have changed since the 70's which may cause a problem now...Similar to DUI charges.

 

[mikem317]

I think you may have never gotten a traffic ticket before.

When you receive the actual citation from the officer, they either check "Criminal application" or "All Civil Infractions".

If he cites you for any criminal stuff, he will check off CRIMINAL APPLICATION and require you to go to court.

Then you will go to court to see the magistrates clerk and he/she will decide if a criminal complaint will be made against you.

If so, you are officially charged and you will probably go to a real court with a judge with "commonwealth vs xxx" or so.
If not, you are not charged.

I went to the hearing and no criminal complaint was made for me as he just simply said "did you pay your old fine? <yes> did you reinstate your license? <yes> okay, no criminal complaint issued'.

I'm not sure if it was mentioned in this thread (didn't take the time to read all the posts), but I have one criminal, traffic related appearance. The question asks if you ever appeared as a defendant. I would suggest to tell the truth because they will run a CORI check as part of the larger background process.

If you're not sure if it was a civil or criminal appearance, I'd suggest getting a copy of your CORI. Or, if you know a LEO that has access, ask them.

To get your CORI report: http://www.mass.gov/?pageID=eopssub...L3=Criminal+Offender+Record+Information+(CORI)

 

[derrick_lui]

I will put it down as a "yes" then.
Although wasn't too smart, I did ask my local licensing detective who recommends the chiefs letter and she told me that it wouldn't be a disqualifying factor. If I did not put it down, I would not be truthful and it will be denied.

 

[billmelater]

http://www.mass.gov/?pageID=eopssubt...ormation+(CORI)

"file not found"

 

[mikem317]

http://www.mass.gov/?pageID=eopssubt...ormation+(CORI)

"file not found"

Google: Mass + CORI

 

[heymoe9]

Here is a question for #10, another first time applicant for my class A. I was already told that I will get looked at a bit more closely by the Chief in my city (a green one) about my 5 page driving record. Nothing criminal, just speeding or accidents.

I received a speeding ticket in Virginia while passing through. Never paid it. A judge hit me with a fine of $1000 and loss of the right to drive in Virginia.
The cop that I talked to actually called and brought this up/reminded me of this when he was looking at my driving record.

Should I put yes on question 10 and explain it? Or is this a non-criminal offense since its a speeding ticket?
My appointment is next week.

 

[leewongfei]

Here is a question for #10, another first time applicant for my class A. I was already told that I will get looked at a bit more closely by the Chief in my city (a green one) about my 5 page driving record. Nothing criminal, just speeding or accidents.

I received a speeding ticket in Virginia while passing through. Never paid it. A judge hit me with a fine of $1000 and loss of the right to drive in Virginia.
The cop that I talked to actually called and brought this up/reminded me of this when he was looking at my driving record.

Should I put yes on question 10 and explain it? Or is this a non-criminal offense since its a speeding ticket?
My appointment is next week.

How long ago where your traffic violations? Where they recent?

 

[Mustang5L5]

I am getting all of my papers ready to apply for my class a firearms license. i noticed there was a question pertaining to traffic violations that i was a bit sketchy about. i was seen in court for a driving to endanger case but it was thrown out the window. i could have paid the fine but i decided to go to court to fight it and i won. there is a question in the application that i was unsure about. here it is...

have you ever appeared in any court as a defendent for any criminal or criminal traffic offense. you do not have to put down non-criminal traffic offenses. (key word, appeared, not necessarily arrested).

is a driving to endanger offense considered a "criminal traffic offense" and should i mark "yes" to this question?

thanks for your help

At 18, i was a stupid kid and got a DTE that was thrown out. When i applied for my LTC i paused on the same question.

I put YES

During the application, the officer just said "So all you have is the DTE" and i said "Yup, but it was thrown out" and that was the end of it.

4 Months later i got my LTC-A