Massachusetts automobile crimes
A Massachusetts automobile crime is a serious problem, whether in Worcester,
Boston, Lowell, or Springfield. In addition to the points, when convicted of
a MA auto crime you are facing a permanent criminal history, insurance increase,
fines, license revocation, and jail time. You must fight a Massachusetts criminal
When charged with a Mass. automobile crime such as driving under license or
registration suspension, unlicensed operation, reckless driving, negligent operation,
and drunk driving / OUI, our law firm crafts a defense particular to your needs.
Often times just clearing a suspension goes a long way to getting the charges
reduced or dismissed. Below are common Massachusetts automobile crimes for which
our law firm fights in courts spanning from Worcester to Boston, Lowell to Dudley,
Salem to Springfield, and all the courts in between.
Driving under license suspension, Massachusetts General Statutes
Chapter 90, § 23
MA Gen. Statute §90:23 prohibits operating a motor vehicle while you operator’s
license is under suspension. In addition, any individual found operating a motor
vehicle in Massachusetts after the certificate of registration has been suspended
or revoked by the MA registry of motor vehicles (RMV) is also be in violation
of this law. While you may be handed a ticket for this violation instead of
taken into custody, it is none the less a criminal misdemeanor. Further, there
are numerous reasons why the Massachusetts Registry of Motor Vehicles (RMV)
suspends a driver’s license, such as:
- Failure to appear for a traffic matter, § 90:20G & § 90:20H
- Littering, § 90:22G
- Habitual offender status under § 90:22F; including:
- 3 speeding convictions in any 12 month period
- Three or more surchargeable events (at fault accidents and moving violations)
in a 3 2 year period
- Seven or more surchargeable events (at fault accidents and moving violations)
in a three year period
- Twelve or more major or minor traffic violations within a five year
- Failure to pay child support§ 119:1A
- Accruing an out of state suspension for any reason
When you retain our office, our goal is to have the criminal charge dismissed.
Our Worcester, Massachusetts suspended license defense firm puts together a
comprehensive defense on your behalf. We find out what caused your underlying
suspension and attack the suspension and remediate the problem. Going into court
having cleaned your license goes a long way towards obtaining for you a non-criminal
Our driver's license suspension and revocation attorneys work with clients
throughout Massachusetts in Worcester, Boston, Springfield, Framingham, Brockton
and other communities to ensure a positive outcome. In addition to criminal
traffic cases, we also handle regular civil traffic tickets. We help our clients
with all aspect of their driving record. We always work to get your operating
after suspension (OAS) dismissed to minimize the impact on your driving record
and your criminal history.
Reckless & Negligent Driving in Massachusetts,
Reckless and negligent driving are offenses under Massachusetts General Laws
Chapter 90 § 24. The statute also covers illegal auto racing, leave the
scene of a property damage accident, and the fraudulent obtaining of a Massachusetts
learner’s permit or MA driver’s license.
Massachusetts reckless operation
Unlike other states, Massachusetts' reckless driving law does not have a “per
se” speed for reckless driving. Going a few miles over the speed limit
would not be considered reckless driving. Going 100 miles per hour through a
residential area in Boston, Massachusetts, however, endangers the lives of the
residents living nearby and would likely be considered reckless driving.
There being no objective standard, driving recklessly in Massachusetts is the
ultimate crime of opinion. The legal definition is that it occurs when you ignore
the fact that your driving is very likely to result in death or serious injury
to a third person, or that you drove in such a way that you were indifferent
as to whether someone is killed or injured. Merely driving in a negligent manner
is not enough to convict for reckless operation. The actions must go beyond
negligence. The prosecutor must prove that knew or should have known that your
actions would pose a grave danger of death or seriously bodily injury to others
but you chose to take the risk and operate in that manner.
Operating recklessly is a Massachusetts criminal offense. There need not be
an accident. There need not be anyone else on the road. There needs to be evidence
that the driver consciously disregarded or were indifferent to a significant
possibility of serious injury to anyone who might be on the road. Conversely,
the mere fact that there was an accident does not suffice to prove reckless
operation in Mass.
Massachusetts negligent operation so as to endanger
Similar to reckless operation, it is the arresting officer’s opinion
that a motorist operated a vehicle in a negligent manner under M.G.L. 90 §
24. Said operation of the motor vehicle must be done in such a way as to endanger
the lives or safety of other people.
Under Massachusetts law, a person acts negligently when he or she does acts
in a way that a reasonable person would not. This can happen by an act of commission
or omission. When a motorist acts or fails to ace in an appropriate manner which
creates an unnecessary danger to others is when criminal liability attaches.
As in a reckless driving case, there does not have to be an accident for a conviction.
Evaluative factions include speed, manner of operation, vehicle condition, road
condition, weather condition, pedestrian traffic, and the like. Intoxication
can also be a contributing factor. A Massachusetts negligent operation so as
to endanger carries up to 2 years in prison.
Massachusetts DUI Laws, M.G.L. 90 § 24
The citizens and authorities have no sense of humor when it comes to DWI in
Massachusetts. If you have been arrested for driving under the influence or
operating while impaired in Boston, Springfield, Dudley, Plymouth, Cape Cod,
Worcester, Pittsfield, Brockton, Lowell, or any place in between, it is in your
interest to retain the services of an aggressive and experienced OUI defense
lawyer. Your freedom and economic interests are at stake. You could face heavy
fines, lose your license, lose your job, be compelled to undergo counseling,
and may have to install at your expense an ignition interlock on your vehicle.
Massachusetts OUI Laws
In Massachusetts, it is illegal to drive or operate a motor vehicle if you
are under the influence of alcohol or drugs. A person is too impaired to drive
if his or her blood alcohol concentration (BAC) is .08% or higher. If a driver
is under the age of 21, under the zero tolerance laws that person cannot drive
if his or her BAC is higher than .02%. When arrested and booked on Massachusetts
OUI/ DWI / DUI charges, it’s best to contact a seasoned Massachusetts
OUI/ DUI lawyer with the experience and skill to defend you in court.
Graduated license suspensions / revocations
Getting your license and full driving privileges back after a DUI / OUI arrest
in Massachusetts is a difficult task. Further, MA takes into account your out
of state record and OUI/DWI convictions. The mandatory minimum suspension periods
are as follows:
1st time: Forty five day loss of license or License suspension for 1 year
2nd time: Two year loss of license (hardship considered after one year)
3rd time: Eight year loss of license (hardship considered after four years)
4th time: Ten year loss of license (hardship considered after five years)
4th time: Lifetime loss of license, no hardship
Contact a Worcester, MA OUI Defense Lawyer
If you have been arrested on DUI, OUI (operating under the influence), or DWI
(driving while intoxicated) charges, Massachusetts OUI defense attorneys will
represent you, execute your rights, fight the charges, and work to preserve
your freedoms. To speak with a leading Massachusetts DWI defense lawyer for
guidance and legal counsel please us today.
Leaving the scene of an accident, M.G.L. 90 §
Massachusetts leaving the scene of an accident is on a graduated scale. All
are very serious charges.
Leaving the scene of a property damage accident
Massachusetts law requires that if you get into an accident you are compelled
to exchange your name, address, vehicle registration, and insurance. Failing
to do so is a crime. If you are in a one car accident, you are responsible to
contact the police immediately to report the accident.
Leaving the scene of personal injury accident or an accident resulting in death
The law is identical to leaving the scene of property damage except that the
penalties are accelerated because a person was injured or killed.
Other automobile crimes we defend
We defend all automobile and vehicle crimes in the State of Massachusetts.
§ 90:17B. Drag racing
§ 90:19A. Weight limitations for semi-trailers, etc.; scales; penalties
§ 175:113L. Uninsured motorists & insufficient liability
Log book violations