Criminal Appeals Quiz

Here are some criminal appeal questions we’ve been asked by clients. Do you have the same questions?

Question 1

True or False: Holding your cellphone while driving is not against the law in Massachusetts.

Answer:   False. Massachusetts law prohibits the operators of motor vehicles from using any electronic device, including cellphones, unless the device is used in “hands-free” mode.

Question 2

True or False:  Drivers under the age of 18 are not permitted to use any electronic devices while operating the vehicle.

Answer:  True. All handheld phone use by drivers under the age of 18 is already banned.  The new law applies only to adult drivers.

Question 3

True or False:  Checking your email or Facebook on your cell is okay if you are sitting at a red light.

Answer:  False.  Handheld use is allowed only if the vehicle is both stationary AND not located on a public travel lane or bicycle lane.  It’s not permitted while in traffic waiting at a red light.

Question 4

True or False:  When you’re charged with a crime, the police automatically arrest you.

Answer:  False.  Many people are arrested when they’re charged with a crime, but not everyone.  Many people are summonsed into court, bypassing the police station.

Question 5

True or False:  When the police are called to the scene of an auto accident and an officer cites one of the drivers with Negligent Operation of a Motor Vehicle, the officer’s decision on who was negligent is final and binding on the drivers.

Answer:  False.  The officer’s decision to issue a citation is simply an accusation.  Like all criminal charges, the jury will ultimately decide whether a crime was committed.

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