Chief’s Column: What’s the differences between a warning and a traffic citation?
QUESTION: I was recently stopped by a police officer for speeding. The officer issued me a “warning citation” and told me that no further action on my part was required. Could you please tell me what kind of tickets can be issued for traffic offenses in Massachusetts?
ANSWER: A written traffic ticket, with “Massachusetts Uniform Citation” at the top is the standard ticket issued by local and State Police. Charges can be civil or criminal dependent on the seriousness of the offense. In many cases, officers also have the discretion to issue warning citations. If fines apply, you may have the option to pay online. A citation may affect your insurance as determined by the Merit Rating Board. Contact your insurance agent for more information about the effect of a ticket on your insurance.
Civil traffic charges include speeding, running a red light, crossing marked lanes, and most other moving violations. Civil charges result in a fine being levied, which is payable to the Commonwealth of Massachusetts. Speeding fines are calculated based upon how far over the speed limit you were going in miles per hour (mph). The minimum fine for speeding is $105 for 1 – 10 mph over the speed limit (including a $5 assessment.) For every mph in excess of 10 mph, simply multiply the amount by 10. For example, a motorist going 15 mph over the speed limit would be fined $155 The fines for speeding in a marked construction zone will be doubled.
Civil traffic charges do not result in arrest. All citizens have the right to appeal civil citation charges before a Clerk Magistrate by following the procedures listed on the back of your citation. All Grafton civil traffic appeals are heard at the Westborough District Court.
In some cases, a criminal complaint may be issued as a result of a motor vehicle stop. Some examples of criminal charges include driving under the influence, driving to endanger, refusing to stop for a police officer, driving without a license, etc. Criminal charges may or may not result in your arrest. If you are cited for criminal charges on your ticket, you will notice that there is no fine levied immediately. Instead, you must appear in Court to answer the charges. Fines or other consequences will be determined by the Judge. Criminal charges are not appealed like civil charges are. Instead, appeals may be filed by your attorney after your initial court appearance. Adult criminal cases are heard at Westborough District Court or sometimes at Worcester District Court for jury trials. Juvenile (under 18 years of age) criminal hearings are heard at the Juvenile Court in Worcester.
Like a citation, a warning is written on the Massachusetts Uniform Citation. If the box marked “WARNING” above the officer’s signature is checked, then no additional action is required by the violator. Warnings should not affect your insurance or merit rating and there is no appeal procedure for written warnings. Verbal warnings are only tracked on the in-house records system in the police department and no fine or other consequence is levied.
Normand A. Crepeau, Jr.
Chief of Police
