Hank Investigates: Fight the Fine

But our exclusive investigation found the rules for fighting your fine depend on where you got your ticket! And your chances of winning may too.

Hearing officer
"I'm going to dismiss it."

We obtained last year's hearing results for communities across the state and crunched the numbers. They reveal some big dismissal differences!

In Boston, Fitchburg and Revere, drivers got 65 percent of appealed tickets dismissed. But in Framingham - only about 5 percent.

Here's why. There's no required training, certification or licensing for hearing officers. Towns can appoint a police sergeant or a hired professional, a clerk on the Internet, or a law student.

There are no rules for decision-making and no oversight. That means it's just you versus the guy at the desk.

Hank Phillippi Ryan, Investigative Reporter
"In your experience, are some towns more lenient than others?"

Joe Bishop, independent parking administrator and hearing officers
"Absolutely, I'd say sure."

And it's clear those different rules can create different results.

Constantine got a ticket in Boston. He first mailed his appeal to the city's parking office. He lost. But Constantine was allowed to try again in front of a hearing officer a third year law student.

That time: he won.

Constantine, Boston resident
"I am happy."

Deb got her ticket in Framingham. She also mailed her appeal and also lost. But she got no second chance at town hall! This letter orders her to pay her $200 fine or take the case to Middlesex Superior Court. There the filing fee is $275 dollars more than the ticket.

Deb, driver
"I think its outrageous, I think its unfair."

Now here's an inside tip: we found, plead your case in person and you may get a break.

In Braintree, you have the option to argue your ticket at town hall. Last year 58 percent of drivers who did won their battle. More than half! But driver who opted to appeal by mail? Only 8 percent those tickets were dismissed!

So how objective is the person making your decision?

In Fitchburg and you'll appeal to a professional hearing officer who lives in another town.

Brian Doheny, Fitchburg Treasurer
"He doesn't have any affiliation therefore he can do judgment from an outside perspective."

But in Milton and Beverly you're pleading your case to a local police sergeant the same police department that writes the tickets.

Hank Phillippi Ryan, Investigative Reporter
"Is it possible that's not fair?"

Sgt. Joseph Shairs, Beverly Police Dept.
"It's possible, but it's the system."

In Quincy, to the guy who runs the parking department.

Hank Phillippi Ryan, Investigative Reporter
"Wouldn't you rather have someone completely objective doing the hearings?"

Tom Fabrizio, City of Quincy
"I think he can be completely objective and a t the same time be in charge of the program."

So if you insist you really didn't push your luck on the meter, or ignore resident parking, or forget about a snow ban, make sure you know the community's rules, or fighting that fine may be a losing battle.

If you don't like the way your community handles tickets tell your local officials! They could vote to change it. But some experts wonder if it's about time for the legislature to step in and make sure the rules are the same for every driver.

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