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 automobile charge.

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 period
• 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 disposition.

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, § 90:24

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 § 24

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. This includes:

§ 90:17B. Drag racing

§ 90:19A. Weight limitations for semi-trailers, etc.; scales; penalties for violations

§ 175:113L. Uninsured motorists & insufficient liability

Log book violations