legal advice for a boston city ordinance violation please, details within

April 23, 2009 9:37 AM

What are my next moves?

This past marathon monday, a couple buddies and I were drinking out of solo cups on private property, adjacent to a side street. A group of policemen came around and asked us to move to the street for a "lecture." We put down our drinking cups and move out for said lecture. Turns out the lecture is just a pretense for them to hand out citations for alcohol in public. (200 dollars) The policeman apologizes for doing this, but says that hes under orders to hand out citations. He says that this ticket will be easy to appeal, because he messes up some of the details on the ticket, and he won't show up to the appeal.

I'm having trouble finding resources online regarding how to appeal this citation. (Boston, MA) Links to any resources will be appreciated.

The directions on the backside of the citation says to make a written request to the clerk magistrate of the court. Are there any formal conventions for this letter?

Any anecdotes in a similar situation will also be helpful. I know you are not a lawyer, but given the background, general advice will also be appreciated.

posted by anonymous to law & government (18 comments total)

You didn't break the law. They did. Consult a lawyer and contest the ticket.
posted by Happy Dave at 9:42 AM on April 23

Call the newspapers. Geez.

Everybody else: hope there are newspapers to call in five years.
posted by amtho at 10:20 AM on April 23 [4 favorites has favorites]

If you really feel like contesting the ticket, would you consider contesting the practice itself? Baiting law-abiding citizens into breaking the law so that the police can meet a quota seems pretty unethical, especially if it's a de-facto official mandate. Methinks a letter to the editor (or something) may be in order?
posted by Kololo at 10:25 AM on April 23 [1 favorite has favorites]

This sounds like a perfect local news story for a slow news day. Try calling some stations.
posted by 6550 at 10:26 AM on April 23

The policeman apologizes for doing this, but says that hes under orders to hand out citations. He says that this ticket will be easy to appeal, because he messes up some of the details on the ticket, and he won't show up to the appeal.

-- he's giving you an out. Sounds like there's some idiocy higher up, but make the appeal based on what he told you, show up and you'll probably get out of it. It wouldn't hurt to check the exact wording of the law for 'alcohol in public' to see if drinking on your private property, then walking into public property actually counts. It sounds to me like they really do just need to make quota, and it sucks that they're inconveniencing you to do so, but at least they're letting you know it's bull.

Re your specific question about the letter, I wouldn't worry. Just write a polite, grammatically correct, concise, informed (this is why you should read the exact statute you 'violated') letter saying why you think the officer's decision was incorrect, and you'll probably beat out 90% of the similar appeals letters the office gets.
posted by devilsbrigade at 10:39 AM on April 23

Jeez. I would try to go after the officer himself for corruption.
posted by rhizome at 10:54 AM on April 23

And if it's reported anywhere online other than your own blog submit the linked-story to hit&run.
posted by K.P. at 11:03 AM on April 23

It doesn't sound like you were breaking any drinking in public laws and you didn't take your alcohol with you on to the public street. Follow his instructions on how to get out of it.

And be glad you got a ticket from a cop who recognized what a lame duty he'd been given.
posted by fenriq at 11:19 AM on April 23

Call the newspapers. Geez.

This sounds like a perfect local news story for a slow news day.

Come on folks, cut the cop a break here. He clearly was doing the poster a favor by seeting him/her up for an easy appeal, but at the same time was trying to get the heat off of himself from his superiors. The guy's boss is an ass, but going to the media will draw attention to the cop, not his boss.
posted by Pollomacho at 12:16 PM on April 23

He clearly was doing the poster a favor by seeting him/her up for an easy appeal, but at the same time was trying to get the heat off of himself from his superiors.

If the quota is valid, then there's no need for entrapment. If the quota is stupid, fight the quota. Don't manufacture charges against people you're supposedly protecting. Cutting slack now will bring no incentive to improve the police force.
posted by pwnguin at 12:52 PM on April 23 [1 favorite has favorites]

One thing that's unclear is whether you were drinking in your front yard. If you were, and you're within the city limits, you can be cited for drinking in public in a lot of municipalities, as your front yard technically is public property and some areas.

Some friends and I did that in D.C., which happens to be one of those places. We were just warned to get inside.

Now, to answer your question, just submit a standard buisness-style letter stating that you would like to appeal the citation. You will be given a court date, which you must show up for. Since the officer said he'll not show up for it, your case will likely be dismissed immediately.

(And I don't suggest being a dick and publicizing this. You got a pretty good deal from the cop considering.)
posted by General Malaise at 1:40 PM on April 23

I'm not suggesting blaming the cop. But this is ridiculous. Wherever this policy of entrapping people is coming from (assuming that drinking in one's own front yard is not illegal, and that the cop was essentially baiting them off of their own property - big assumption made in ignorance, to be sure) that policy needs to be brought to light.
posted by amtho at 1:53 PM on April 23

And be glad you got a ticket from a cop who recognized what a lame duty he'd been given.

(And I don't suggest being a dick and publicizing this. You got a pretty good deal from the cop considering.)

Totally agree. But don't know how to make the actual written request and get out of this.
posted by KateHasQuestions at 3:34 PM on April 23

He clearly was doing the poster a favor by seeting him/her up for an easy appeal

Oh please, because all the grief the poster will have to go though is fair and reasonable?

Totally publicise this... though probably after the appeal.
posted by pompomtom at 5:13 PM on April 23

cut the cop a break here. He clearly was doing the poster a favor by seeting him/her up for an easy appeal

"I'm sorry sit, I don't want to steal your car, I was told to do it. you have insurance, I am sure this will be okay for you."

the cop deserves to be thrown off the force, superior or not. he broke the law while sworn to uphold and protect it.
posted by krautland at 2:09 AM on April 24

This is not stealing a car this is a $200 ticket for public drinking. Incidentally however comandeering a car is legal under some circumstances. Reporting this to the media, if they even give a shit, will get the cop fired, it will not fight the man or change the system. Not cutting slack now will also not form an incentive to change the system. Is there even evidence that this is endemic and not a one time occurance?
posted by Pollomacho at 5:08 AM on April 24

You should talk to a lawyer first. But I would definitely make an official complaint against the police officer and publicize it. The law grants individual police officers with considerable authority, and he's the one who decided to abuse it, not anyone else. It's unlikely that his superiors said it was okay for him to break the law or regulations to make his quota.
posted by grouse at 9:16 AM on April 24

will get the cop fired, it will not fight the man or change the system.
"the system," as you call it, is made of cogs. this is one. getting the offender removed from a position of power is right. whether it is appropriate to ask for a full dismissal is not for me to judge - if with absolute (!) certainty one could establish this person were never to do this again and if appropriate punishment were to be dealt out I would be able to accept something less than his dismissal. saying however that no punitive action was necessary would be akin to saying this is ok to continue. this is why we punish speeders.

Is there even evidence that this is endemic and not a one time occurance?
good question. let's have a DA find out. let's file charges.

he's the one who decided to abuse it, not anyone else.
couldn't have said it any better.
posted by krautland at 1:21 PM on April 26