Boston Motor Vehicle Citation

• Steven Topazio wrote this May 31, 2023 at 2:43 pm

The client received a motor vehicle citation for “improper operation” of a motor vehicle. The police alleged the client was operating in the HOV lane of the Route 93 expressway at night when it was posted that travel was prohibited due to construction crews performing maintenance on the bridge.

An HOV lane, sometimes called a carpool lane, is a special lane reserved for the use of carpools, vanpools and buses. They are usually located next to the regular, or unrestricted, lanes.

Verdict: The client initially represented himself before a clerk magistrate, lost the hearing, appealed the adverse decision to a full hearing before a judge, and then hired Attorney Topazio to argue his case. At the hearing, Attorney Topazio pointed out that motorists normally are allowed to use the HOV lane at night and elicited testimony from his client that he was following a box truck that changed lanes in front of the client which may have blocked the signage that would have alerted the client that travel in the HOV lane was restricted due to construction. Attorney Topazio was able to persuade the Judge to find his client Not Responsible.