In September 2011, a Hingham Police Officer issued Nick Belezos a traffic citation for the civil motor vehicle infraction (“CMVI”) of Speeding in excess of a 30 m.p.h. posted speed limit sign duly established under G.L. c. 90, § 18 on Gardner Street, Hingham, MA.
Belezos paid a $25 hearing fee to appear before a clerk-magistrate, and in December 2011 a noncriminal hearing was held at Hingham District Court regarding the CMVI. At the conclusion of the hearing, the clerk-magistrate found Belezos responsible for the CMVI of Speeding at a rate of speed 10 m.p.h. or less over a 30 m.p.h. posted speed limit duly established under G.L. c. 90, § 18. The strength Town’s prima facie case in light of the prima facie evidence of the 30 m.p.h. posted speed limit duly established under G.L. c. 90, § 18 induced Belezos to waive his right to a de novo hearing on the CMVI.
The Selectmen had actual knowledge of the speed limit signs on Gardner St., Hingham, MA, and the fact that there is no record of any special speed regulations pertaining thereto (in either the Town or the MassDOT files). Nevertheless, they allowed an officer of the Police Department to withhold this material evidence from the Hingham District Court.
In January 2012, Belezos paid the $50 assessment and $50 Head Injury Trust Fund Surcharge in connection with the CMVI, in order to avoid the Registrar’s threatened suspension of his license or right to operate all motor vehicles within the Commonwealth of Massachusetts, and the denial of his right to renew his registration.
Later in January 2012, a citation for Speeding was indicated on Belezos’ driving record due to the December 2011 judgment. The citation for Speeding was indicated on Belezos Safe Driver Insurance Plan (“SDIP”) Statement, thereby ending his two year, three months incident-free driving record and its eligibility towards an automobile insurance premium discount.
Belezos was employed as a delivery truck driver immediately prior to the disposition of his Speeding citation. Belezos’ SDIP Statement alerted his employer’s commercial automobile insurance company to the Speeding incident, prompted the insurance company to remove him from the commercial policy, and thereby cost Belezos his job position as a delivery truck driver.