r/massachusetts • u/antisocialafrican1 • 1d ago
General Question Why would I get a speeding ticket when I wasn’t driving?
Last week me and my partner were stopped at a red light and a state tropper pulled up behind us. When the lights turned green the trooper pulled us over because my partner’s inspection sticker is expired, and the trooper made this clear verbally. My partner was the one who was driving and the car is only registered in his name. The trooper took both out licenses and came back noting that he was letting us with a warning and instructing my partner to update his inspection sticker. Today I got a written speeding warning in the mail. My question is why? I wasn’t driving, the car isnt registered in my name, we were stopped when it happened…what gives?
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u/demariusk 1d ago
This is strange. Was the warning from the same date? Why would a passenger get a speeding warning?
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u/PlentyCryptographer5 1d ago
Why would the passenger have to even show ID? Not a police state.
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u/Sayhellotoyamotha4me 2h ago
Everyone in the car needs to identify during a traffic stop. It’s mostly so they can check if you have warrants
I see at least two videos a week when passengers say they don’t need to identify themselves and they’re promptly ripped from the car
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u/Ormsfang 1d ago
In the future don't give up your ID when you aren't driving unless you are suspected of a crime. He can't demand it without violating the fourth amendment. Unless he suspects you of a crime or violation (like violating seat belt laws).
Make sure you record all interactions with police. That way you have evidence he forced you to give up ID under threat of arrest. You can sue for a nice chunk of change.
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u/whistlepig4life 1d ago
Because the cop is being a dick. Any moving violation (winch a speeding ticket or warning is) goes to the driver and no one else.
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u/PakkyT 1d ago
He probably wanted to make his quota for pull-overs that day making you and your partner look like two so he could knock off early and cheat on his wife with his low rent mistress.
Next time you are in a car that gets pulled over and you are not driving, politely decline to show your driver's license in response to the officer's request to see it.
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u/nocolon 1d ago
Remember, not showing your cop an ID when you aren't under suspicion of something is constitutionally protected.
Note that it doesn't apply to a situation where your ID denotes the privilege of doing the thing, like driving a car or carrying a firearm.
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u/PakkyT 1d ago
I would go further and say first off we are never required to carry identification or even have an official ID (with the exceptions you pointed out), so you never need to produce one ever, (again with the exceptions you pointed out where a license is required for a specific actively you are engaged). Oddly, you are required to identify yourself if pulled over for a traffic violation when riding a bicycle in Massachusetts. Note though, that doesn't read you must produce an official ID. Simply that you must identify yourself. And they must be stopping you for a traffic violation. They can't use the fact you are on a bike to bother you about other things and get your identification.
Beyond that, you never need to have on your person nor show any official ID ever, even if detained or arrested. There are no Massachusetts laws saying you even have to identify yourself if arrested. Your right to remain silent includes not giving your name or other identifying information. We don't have any "Stop & Identify" laws in Massachusetts. Never lie to the police and give a fake name though. Simply shut up and answer nothing.
Of course the above is all in theory. In practice everyone will have to make their own decisions on how far to push because even when you are in your legal rights, cops can make things hard for you like arresting you anyway, which won't hold up, but can ruin your day if you are just trying to get somewhere. But always good to understand your rights to make those decisions for yourself.
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u/Hope_785 1d ago
In all sincerity, I would consult with a traffic attorney; they are really good when it comes to these things. I wish you the best.
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u/festivebum 1d ago
Where do you find these “traffic attorneys “? Real question, not snark.
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u/Hope_785 1d ago
Justia Law - Boston Traffic Ticket Lawyers
I just wanted to give an example. I wrote in google: Traffic Lawyers Boston and this website was one of the listings containing many traffic attorneys.
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u/AtlanticSandDune365 1d ago
Off The Record is an app that I have on my iPhone. It hooks you up with an attorney. Worked great for me - worth every penny.
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u/Calliesdad20 1d ago
An attorney for a warning ?lol You want to pay a attorney a bunch 0f money for nothing
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u/Hope_785 1d ago
Three warnings in a year can suspend your drivers license. On some occasions a warning has affected a persons car insurance rates. The man who posted did nothing wrong and was not driving and the car was not registered in his name: so why should he even get a warning if he is not at fault and if he gets another warning in the next year, it could impact him? The warning should be taken away.
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u/Calliesdad20 1d ago edited 1d ago
If they want to call and try to straighten it out ,ok
Warnings do not increase car insurance rates, That’s false
To hire a lawyer and pay them thousands of dollars of a retainer-plus 250 a hour is ridiculous
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u/Hope_785 1d ago
Normally, you are correct. There are exceptions. But either way for me and anyone I know, I would not want to get a warning for something I did not do.
Warnings do show up in the system when an officer pulls you over and they would be more inclined to give you a citation or be more suspicious of your car if they see you have had a warning previously. So why get a warning if you did nothing wrong? For me, and many people I know, we would fight that. But if you would want to accept a warning for something you did nothing wrong about, that is fine. You do you…I do me.
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u/Calliesdad20 1d ago
Have fun blowing thousands of dollars to fight something that doesn’t affect you at all/ I’ve gotten warnings didn’t affect a damm thing
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u/Hope_785 1d ago
We will never agree on this, and that is okay. I just do not think it is correct for law enforcement to falsely accuse anyone of anything. In the legal system, things like this can catch up later and at a bad time. I appreciate you.
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u/LionBig1760 [write your own] 1d ago
Why did you give him your license?
You're not required to carry a license as a car passenger, so when a cop asks you, you say "sorry officer, don't have it on me."
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1d ago
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u/LionBig1760 [write your own] 1d ago
That's easily the dumbest thing I've heard on reddit in the last week.
A passenger's identification is immaterial to any pretext an officer has for pulling a driver over.
Beyong that, verbally lying to an officer is not illegal in most cases, including telling them you don't have a license when it's clear that you simply forgot that you had it in you.
Whoever made the mistake of allowing you to get your law degree needs to get a swift kick in the nuts.
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u/august-west55 1d ago
Does the ticket refer to the same location that your partner was pulled over at? The only thing I can think of is maybe when you were driving your own car somewhere, assuming you have a car, a different cop would have seen you speeding and sent you a warning in the mail. It sounds odd that they would do that but I’m not sure what’s going on here
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u/Binnie_B 1d ago
Go report the officer ans file a complaint.
Next, learn your rights. You should have never have given your ID to the cop at all.
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u/1table 1d ago
You can contact to get clarification but nothing to challenge. Three a year equal a ticket so my as well find out spall since you were pulled for your sticker not for speed and you were not even the one driving. Lame.
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u/Binnie_B 1d ago
They can also file a complaint, and should.
They can also file a lawsuit for the officer illegally demanding ID that he didn't have the right to demand.
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u/Consistent_Amount140 1d ago edited 1d ago
Probably accidentally put your name on it instead of your brothers as it’s just a drop down screen and you both have the same last name I’d assume. What is the agency code on the top?
Just call that barracks today and leave a message for the issuing Trooper. It’s an easy fix.
Also probably just didn’t want to stop you at an intersection as to not screw up traffic.
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u/Ok_Pangolin_180 1d ago
I would take it to your local district court and talk to the clerk magistrate about it. Can’t hurt and at least your side of the story is on record.
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u/Aggravating_Kale8248 1d ago
You CANNOT get a speeding ticket or warning if you were NOT driving. Plain and simple. Challenge that moron statie in court
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u/BostonShaun 1d ago
Challenge what exactly? It was a warning… my common sense would say it’s probably a clerical error.
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u/Aggravating_Kale8248 1d ago
OP wasn’t driving. You can’t get a warning for speeding as a passenger.
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u/BostonShaun 1d ago
Well you can’t challenge a warning anyway… and I would still venture to guess it was a clerical error.
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u/Aggravating_Kale8248 1d ago
You can go after the police for abuse of power. Depends on how far you want to push it with a lawsuit.
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u/BostonShaun 1d ago
How could that even remotely be proven as "abuse of power"? It could 100% be a mistake... you know those do happen, right?
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u/Aggravating_Kale8248 1d ago
How in the ever living fuck do you mistake a passenger for a driver? They both got warnings. OP literally said that in the post, so either the cop is mentally challenged or they are trying to punish people for no reason. This really shouldn’t be this difficult to understand
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u/BostonShaun 14h ago
You realize there’s about 4 more people who handle any sort of citation/warning (who are also regulars probably making about 18$ an hour) and do the actual clerical part… right? Hence why I said it’s most likely a clerical error from being entered into the RMV system, the insurance system, and records system… mistakes like this happen all the fucking time guy.
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u/Aggravating-Read6111 1d ago
That’s lousy and never should have happened. I would definitely challenge it. This cop should not be giving out these kinds of warning tickets.
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u/Ok-Criticism6874 1d ago
A passenger has no obligation to give their id on a traffic stop, if they weren't driving, you did nothing wrong.
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u/0LDHATNEWBAT 1d ago
That’s technically not true. If a passenger is an adult and wasn’t wearing a seatbelt while the car was driving, they’re obligated to identify themselves to police.
With that being said, officers rarely push this issue. It’s difficult to definitively know the seatbelt wasn’t being worn and many passengers firmly believe they can refuse to ID themselves regardless. This leaves the officer with two choices: let it go, or arrest the passenger. 99.99% of the time they’re going to let it go.
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u/Binnie_B 1d ago
Never ever ever ever give an officer anything if you are a passenger.
Record them. State you have the right to remain silent and that's it.
Cops lie and cheat all the time.
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u/Hey_Im_over-here 1d ago
Written warnings can affect your car insurance rates (if you own a car)
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u/Jimbomcdeans 1d ago
Nope. Stop spreading misinformation. This isnt a red welfare state where shit like that happens from corrupt Sheriffs.
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u/AlexCambridgian 1d ago
You are wrong because in MA 3 warnings affect your insurance and ticketing.
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u/cue-country-roads 1d ago
A better question is why would you forfeit your rights and give your ID when you did nothing wrong?
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1d ago edited 1d ago
[deleted]
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u/adam574 1d ago
i tried not doing it once. got ripped out of the car and put in the cruiser. at that point i gave my info. turns out i had a warrant and ended up getting arrested for it. fun times.
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u/Binnie_B 1d ago
And you recorded it and sued the officers and made 120k. Right? Please tell me you recorded it...
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u/OldAngryWhiteMan 1d ago
Go to the court and verify that there are no fees. Failure to pay any fees results in a suspension of your license. License suspension on your record is the equivalent to having a DUI conviction.
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u/chong4321 1d ago
First off, they said they got a warning. There are no fees associated with warnings. Second, DUI is not equivalent to a license suspension at all. DUI is a crime and license suspension is a consequence of said crime or many other motor vehicle violations.
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u/OldAngryWhiteMan 21h ago
If you have a DUI conviction, you have a suspended license. If you have a suspended license, everyone assumes it is a DUI. The ripple effect is real.
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u/chong4321 21h ago
The suspended license is the consequence and the DUI is the crime. They're not the same thing at all, and no everyone does not assume you got a DUI if your license is suspended. There are plenty of other reasons your license can become suspended.
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u/OldAngryWhiteMan 20h ago
Cops assumed that my license was suspended due to a DUI. My insurance broker assumed I had a DUI. My lawyer assumed I had a DUI. The magistrate assumed I had a DUI. My boss assumed I had a DUI. Why was my license suspended? Failure to appear on a inspection sticker violation. How did I fight it? I hired the number one DUI law firm in my state who had it dismissed.
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u/chong4321 20h ago
Get out of here with this nonsense. Imagine thinking you know what everyone else thinks.
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u/ruger6666 1d ago
As a passenger in the car, you are under no legal obligation to give your drivers license to police officer during a traffic stop. Even if you own the car, you’re not required to provide ID to him. Never ever do so.
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u/EnrikHawkins 20h ago
Possibly because they have to have a record of a warning and can't give one for an expired inspection sticker.
It's like a weird civil plea bargain.
I once had a speeding ticket changed to "parked on pavement". I still had to pay a fine but it wasn't a moving violation.
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u/BobbyPeele88 1d ago
He made a mistake and it will never affect you in any way.
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u/XaulXan 1d ago
Don’t give your ID from the passenger seat. Pigs have no right to see it
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u/AlexCambridgian 1d ago
Wrong but MA is not a "Stop and identify" state so he would have been fine if he said he does not want to produce it and he is invoking his rights.
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u/WillowGirlMom 1d ago
Just challenge the speeding ticket; it is a mistake. You’ll have to go through the process which is a total pain, but that’s life. This is also your partners fault for driving around with expired registration, so if you lose a day’s pay, he owes you.
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u/StonnedW 1d ago
I wouldn't worry if it's just a written warning he probably just sent it to both it doesn't affect you in my experience unless the same cop pulls you over
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u/Aggravating_Kale8248 1d ago
Did you not bother to read the post? OP was not the one driving.
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u/ajmacbeth Merrimack Valley 1d ago
Did you not bother to read the post? It's a written warning. It has no effect.
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u/Aggravating_Kale8248 1d ago
And you can’t get a written, documented warning for something you didn’t do. You aren’t operating the vehicle, you aren’t capable of controlling its speed. The cop abused their power. Really not a hard concept to understand.
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u/ajmacbeth Merrimack Valley 1d ago
I agree, the officer shouldn't have issued that warning, but it's not worth the fight. The warning has no effect; what's the fight. Really not a hard concept to understand.
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u/Aggravating_Kale8248 1d ago
Fighting it is, calling the police department that issued the warning and asking them to look into it because it’s an error. Doesn’t cost you anything to do that. It’s like you’re trying to give a pass to a cop/police department for their fuck up.
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u/Enragedocelot 1d ago
Wild. My car expired in July and I haven’t gotten pulled over yet. But today I was nervous when I passed 2 staties at a light and then another passed me and gave me a look.
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u/lucascorso21 1d ago
Challenge it, it’s a mistake.