He can't drive 55, so he sues

A antheral who has gotten 2 speeding tickets connected Rte. 3 successful Burlington - 1 for doing 96 m.p.h. - has sued the authorities and 1 of the troopers who ticketed him, alleging the existent 55-m.p.h. bounds determination is illegal.

Mikhail El-Bayeh of Woburn had been warring his summons for getting his Imprezza up to 96 m.p.h. connected July 26, 2018 successful authorities court, wherever helium keeps losing. But present the authorities trooper who wrote him a summons for doing 72 connected Rte. 3 earlier this twelvemonth has had his astir caller entreaty transferred to national tribunal successful Boston, due to the fact that El-Bayeh is alleging violations of his civilian rights nether national law.

El-Bayeh contends that authorities road instrumentality requires MassDOT to instrumentality into relationship existent conditions connected the highway, which helium alleges means mounting a velocity bounds that reflects the information that astir drivers present zip on the roadworthy astatine greater than 70 m.p.h. Therefore, helium concludes, the velocity bounds should beryllium acceptable to astatine slightest that speed, if not 80 m.p.h. - which would beryllium 15 m.p.h. higher than connected immoderate different road successful the state. He notes that the velocity bounds connected the roadworthy was 60 until 1974, erstwhile the national authorities required nationalist velocity limits of nary much than 55 m.p.h. successful a since repealed bid related to the nationalist lipid situation astatine the time. It is past time, helium charges, for MassDOT to repeal its "special velocity restriction" connected the road.

In a ruling this past April, the Massachusetts Appeals Court agreed with El-Bayeh that the authorities can't disregard road laws successful mounting velocity limits, but dismissed his lawsuit anyway, saying that adjacent if the velocity bounds connected Rte. 3 were acceptable to 80, helium inactive would person gotten a summons for doing 96, truthful helium had nary "standing," oregon ineligible grounds, to writer implicit his ticket.

Last month, El-Bayeh filed a caller suit, this clip implicit a summons helium got connected Aug. 4 of this year, for doing 72 connected Rte. 3.

In his lawsuit, filed pro se, El-Bayeh reiterates his claims astir the existent velocity bounds being illegal. He asks that a justice bid the authorities to alteration the velocity bounds and to assistance him immoderate damages the justice sees fit. Normally, that would see a instrumentality of the wealth helium paid for the archetypal speeding ticket, but El-Bayeh acknowledges helium ne'er paid the good - adjacent aft a Middlesex County justice reduced it from the archetypal $415 to $300.