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Questions Answered by Lissa McKinney
1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: My brother used my name in a traffic stop because he had no license. now i have a $100 citation. how do i fix this?!

Unbeknownst to me, my brother was driving without a license and used my name instead of his own because he has warrants. I wasnt there and never agreed he could do that nor do i support it now. He never told me or payed for the citation and it was defaulted on. i got a letter saying my license is... Read more »

Lissa McKinney
Lissa McKinney
answered on Jun 11, 2022

Well, there is a possible path to undo it but it will take time, determination and some frustration to unravel.

One aspect will be whether you want to point the finger at your brother to undo it, and proving that it was him. IF you locate the date and time of citation, you may be able to...
Read more »

1 Answer | Asked in Traffic Tickets and Identity Theft for Massachusetts on
Q: What can i do? I received a late citation letter for something i have no idea about.

The citation has no info other then the date it happened and the date it was defaulted on. The thing is I've never been pulled over or sent anything in the mail. so i suspect someone used my name in a traffic stop. But since the citation is defaulted i cant request a hearing. I have no idea... Read more »

Lissa McKinney
Lissa McKinney
answered on Jun 10, 2022

The first thing you should do is go online to the MA RMV and get a copy of your driving record.

https://www.mass.gov/how-to/request-a-driving-record It should list the Court and default and a citation number. When You call the Court, ask for a copy of the ticket, and explain you have...
Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Am I allowed to go on vacation and travel out of state while on UNSUPERVISED PROBATION in Massachusetts?

So, hi:

I was put on UNSUPERVISED PROBATION back in December of 2021 and is expected to last through June 2023. I am getting a sizeable tax return and was wondering if I can travel out of state ?

Lissa McKinney
Lissa McKinney
answered on May 17, 2022

Even though you are on unsupervised probation, it is still probation and with that comes certain conditions. At the onset, you signed a contract or agreement with probation on day 1, and that included any orders by the Court and any standard terms of probation. Sometimes probation takes the liberty... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Can police cite someone for speeding if it is from a neighbors cell phone video and they did not see it?
Lissa McKinney
Lissa McKinney
answered on Apr 16, 2022

Yes- they sure can, and I even had a situation once where the dashcam of a motor vehicle behind my client's car was sent to State Police and they suspended a license right away under the 'lives and safety' emergency suspensions. However, issuing it doesnt mean you don't have a... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: My husband has a vop but he was charged with a crime but it was dismissed he goes to court April 18th what do you think
Lissa McKinney
Lissa McKinney
answered on Apr 10, 2022

This is a very tricky issue. IF the criminal cases was dismissed because they accused the wrong person, or he has a complete alibi then it will make a difference. However, the burden of proof at a VOP is very different than it is to get a complaint, which requires probable cause. The lesser... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal to drive without your license on you?

Like you have a valid drivers license but don't have it on your person?

Lissa McKinney
Lissa McKinney
answered on Apr 8, 2022

Yes- technically you are required to have your drievr's license on you. When you forget your wallet often the police will ticket or warn just for not having license in possession, which is easily cured at a clerk's hearing upon proof of the active license. However, it costs a fee to get... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can i get charged with theft by deception if person giving me money feels like im using them?
Lissa McKinney
Lissa McKinney
answered on Jan 29, 2022

Well it really depends on what the shape of the "using them" looks like, and how much it smells to the police or Court issuing the process. It is almost too easy to initiate criminal process , but that does not mean it will be viable all the way to a jury trial. Here the context and any... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can you assist me in sealing my record?
Lissa McKinney
Lissa McKinney
answered on Sep 4, 2021

It isn't too complicated to seal a record, but the process will depend on when the offense occurred, whether it was a misdemeanor or a felony, and whether it can be done 'on paper' or have to go in front of a Judge. You are entitled to seal misdemeanor convictions (or cases) 3 years... Read more »

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1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Why would a dismissed speeding violation still appear on RMV website as money owed?

State Trooper didn't show up to either hearing and was dismissed by judge at second hearing. This was 2 years ago.

Lissa McKinney
Lissa McKinney
answered on May 29, 2021

Most likely it was communicated wrong from the Court or someone else possibly used your name/ID and had another ticket. It is possible that you didn't pay the appeal fee as well and that is what is owed. If you defaulted on a speeding ticket your license would not be renewed until it was... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Massachusetts on
Q: is it legal to take a bus stop sign off the ground if there's already a replacement up in place?

they're the exact same sign in the same place, this one was just untouched on the ground for a few months & i like it because its a stop right down my street

Lissa McKinney
Lissa McKinney
answered on Apr 4, 2021

Of course it is! You stole a sign that belonged to the city that was doing replacements. Whether it was trash or not or abandoned might be e defense if you are accused or get caught. If it was lying there for months it may have been begging to be taken but it did not belong to you and you did not... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Where can I find a traffic lawyer that will not charge me an arm and a leg to help me?

I have just received a letter stating that I have to appear in court for driving with a suspended license( which I did not know was suspended) I was stopped by an officer he took my license and he was the one to inform me that my license was suspended; and I informed him that I was unaware of it. I... Read more »

Lissa McKinney
Lissa McKinney
answered on Mar 6, 2021

Typically the RMV sends the suspension notice to the license address on file. If you moved and failed to change the address, that is why you may not have been notified. Three (3) speeding tix in 2 years or any 5 moving offenses result in suspension. If you are lucky you are getting a Notice for... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Traffic Reciprocity

I pled not guiilty to a speeding ticket in NY 12 years ago. Not NYC.

On the date i was assigned for court, a snow storm occurred. They never rescheduled my court date to my knowledge. I moved out of NY a few years after.

I reside in MA now. TWELVE YEARS later, they sent a court date... Read more »

Lissa McKinney
Lissa McKinney
answered on Dec 28, 2020

DEAL WITH THE TICKET. No good will come of anything else. MA has reciprocity so the outcome there will impact you here. MOST of the NY courts are closed due to covid depending on the Court or the hearing date. You want a NY lawyer in that county jurisdiction or to use google and find the path.... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Are speeding violations now mailed home rather then given at the spot of violation?

Was pulled over by state police and the office

told me that i will get a ticket via mail. Is that normal

now due to the covid-19?

Lissa McKinney
Lissa McKinney
answered on Oct 31, 2020

That is not at all normal, and may work to help you. SAVE the envelope it coms in, as MA statue ch. 90c sec 2 requires them to issue it in hand at the time and place of violation and if not it can be dismissed. There are few exceptions and you don't say what you were stopped for. Save a copy... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: My Massachusetts 23 year old son received 3 out of state speeding tickets. What trouble awaits? Lawyer needed?

The question says it all. 23-Year-old goofball went on a cross country trip and got 3 speeding tickets, paid them all late. We are terrified that the punishment from Mass will be harsh. What awaits us? Do we need a lawyer?

Lissa McKinney
Lissa McKinney
answered on Oct 19, 2020

Your son will have his license suspended for 30 days once MA receives all the tickets. See https://www.mass.gov/info-details/suspensions-from-multiple-offenses#3-speeding-tickets-

There is no hardship license or ability to drive at all during that suspension. This will impact SDIP points...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Juvenile Law for Massachusetts on
Q: At a private business can photos be taken without the consent of the employee's

At a private business in MA, a neighbor who has been harassing the employees continues to come down every weekend to take pictures of minors while they work. She says it is for going after the owner for tax reasons however, the minors have stated to her that they do not consent to being filmed. Is... Read more »

Lissa McKinney
Lissa McKinney
answered on Oct 2, 2020

There are a few issues here, so the answer rather depends. IF a neighbor can see from her property or a public street and take pictures it is probably legal. If she must trespass to take pictures then it may be a criminal trespass. It also sounds like harassment that may or may not fit the law on... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal for someone to do something if you said that you would commit suicide if they did it?

Someone threatened to send private 18+ photos to my parents and my university. I publicly tweeted that I would commit suicide if they did that. They saw my tweets and apologized and said they will not be sending anything. Then they did send private 18+ copyrighted photos to my university two weeks... Read more »

Lissa McKinney
Lissa McKinney
answered on Sep 24, 2020

It is unclear their legal liability unless you actually did do as you promised- which you did not. Still their was a risk to lief, and many questions were left open by the Michelle Carter case a few years ago, re: encouraging suicide. the larger issue might depend on the content of the pictures,... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: I’m waiting on a court hearing for a speeding ticket. Will I be able to renew my car registration before the hearing?

I got pulled over about 5 months ago for speeding and I still havnt received a date for a court hearing. My car registration just expired and I need to renew it. Will I be able to renew it while waiting for the court hearing or will the ticket prevent me from renewing the registration?

Lissa McKinney
Lissa McKinney
answered on Sep 24, 2020

You can absolutely register the car!! The pending speeding ticket will not prevent this. Many ticket hearings are backed up due to Covid. Be sure you sent it in on time, kept a copy of the ticket, and know what court to call if you dont hear from anyone within the month. You should have heard from... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Someone in my town is stealing or damaging trump signs. Is that a criminal offense? If so what level severity is it?
Lissa McKinney
Lissa McKinney
answered on Sep 9, 2020

That is absolutely a criminal offense.

Some of the charges could range from larceny ( misdemeanor if $1200 or less), trespass, malicious damage to property, receiving stolen goods. Since this is also protected 1st Amendment and political speech it could implicate civil rights issues as...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Massachusetts on
Q: Can you get jail time for driving and unregistered ATV on the street?

The person has previous felony convictions

Lissa McKinney
Lissa McKinney
answered on Sep 7, 2020

WHether you can is very different from whether you will. That is, the maximum pubishment for many motor vehicle violations or district court cases might be 2 1/2 years. However, that is not at all what a person might be likely to get. It might depend on the record, whether the person is on... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Traffic Tickets for Massachusetts on
Q: I got my very first ticket and the officer told me to appeal it. Should I bother doing it or just pay it?

I wanted dismissed if possible, but i'm not sure if it's worth it. I was at fault so what would i say in court? I was driving and passed a red light that changed just before i past it. is the officer telling me that he's not going to appear in court? i've had my license only for... Read more »

Lissa McKinney
Lissa McKinney
answered on Aug 25, 2020

APPEAL THE TICKET!! There are a number of very important reassons to take the appeal. First, you are under the age of 25 and in the age bracket where there can be larger SDIP points assessed or possible surcharges on a policy. Second, if you have 3 speeding tickets or 5 overall moving violations... Read more »

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