Negligent Operation of a Motor Vehicle / Driving to Endanger in Massachusetts
In Massachusetts, the offense of Negligent Operation of a Motor Vehicle is considered a criminal misdemeanor. Under Massachusetts law, you may be charged with the criminal offense of reckless or negligent operation of a motor vehicle if the police believe that you were operating your vehicle dangerously. Often, the police officer or Massachusetts State Trooper will write this charge out on a traffic ticket, known as a Massachusetts Uniform Citation, and will hand it to the driver on the spot. It is also common to be charged with this offense alongside a charge of operating a motor vehicle under the influence (OUI) of alcohol or drugs. Furthermore, an individual may be charged with negligent operation of a motor vehicle or driving to endanger in connection with:
- car accidents
- excessive speeding
- swerving
- marked lanes violations
- erratic driving
- falling asleep at the wheel
- hitting a telephone pole or guardrail
- car accidents resulting from texting or cell phone use
Penalties in Massachusetts for Driving to Endanger / Negligent Operation of a Motor Vehicle
Potential penalties for a Negligent Operation or Driving to Endanger conviction under M.G.L. Ch. 90 Sec. 24 include:
- Up to 2 years in jail
- Fines up to $200
- Suspension of Driver’s License for 60 days up to 1 year
In addition to facing potential fines, jail time, and having a criminal record, being convicted of negligent operation in Massachusetts may also result in a loss of license. Furthermore, individuals facing this potential charge may have their employment impacted depending on the outcome of the case. Given the potentially severe consequences of this charge, it is often in your best interest to speak with an experienced Boston, Massachusetts negligent operation of a motor vehicle defense lawyer as soon as possible to discuss your rights.
Our firm has successfully defended clients facing charges of negligent operation and driving to endanger in courts throughout Massachusetts.
Often times, our firm is able to resolve charges of negligent operation without the penalties imposed by avoiding a conviction and/or negotiating a fair deal with the district attorney’s office.
Massachusetts Uniform Citation for Negligent Operation
If you receive a uniform citation listing the charge of negligent operation/ driving to endanger, often written shorthand as “neg op,” it is important to act quickly and to closely follow the instructions on the back of the citation if the “crim” box is checked. Often times, the ticket must be returned to the applicable Massachusetts District Court within 4 days in order to obtain a Criminal Clerk Magistrate Hearing on the application for a criminal complaint. As a client of Caselden Law, your Cambridge criminal defense attorney will create a well crafted legal defense strategy that is designed to achieve the best possible outcome.
Through our law firm’s superior legal skill and client focused approach, we strive to reduce the stress of the court process for our clients while obtaining the best result possible.
Driving to Endanger or Negligent Operation Criminal Charge in Massachusetts
In order to prove the crime of negligent operation of a motor vehicle under Massachusetts General Laws Chapter 90 Section 24 (2)(a), the prosecutor must prove that the individual:
- operated a vehicle;
- on a public way; and
- was negligent.
Negligence essentially requires that the driver operated his or her car or truck in a manner that a reasonably prudent person would not under the circumstances and, by doing so, the driver endangered others. The burden of proof is on the prosecution as they must prove each element of the offense beyond a reasonable doubt.
Negligent operation is often a charge that requires a deep understanding of the legal framework in order to put forward the most effective defense available. As with most criminal cases, it is important to gather all of the evidence which is being offered against you and to closely investigate that evidence. If the prosecution is attempting to offer evidence which your defense counsel believes to be inadmissible, we will file the necessary motions to suppress prior to the commencement of trial challenging the admission.
Negligent Operation Clerk Magistrate Hearings and Arraignments
As discussed above, police officers frequently give drivers a traffic ticket with the criminal offense listed on the citation. If you received a ticket listing negligent operation as an offense, it is important to follow the instructions on the back of the Massachusetts Uniform Citation in order to request a clerk magistrate hearing on the application for a criminal complaint through the applicable courthouse. In addition, it important to speak with an experienced Massachusetts negligent operation defense attorney about your case as soon as possible in order to protect your rights and your ability to operate a motor vehicle in Massachusetts.
In addition to receiving notice of the criminal offense on a ticket, individuals may receive a notice in the mail, referred to as a summons, informing them of an upcoming arraignment or clerk magistrate hearing date. Finally, the police may also arrest you and you may be held until your arraignment date.
Flat- Fee Massachusetts Negligent Operation & Driving to Endanger Defense Lawyer
At Caselden Law, our firm prides itself on delivering outstanding legal advice and will keep you well informed throughout the course of our representation in order to put your mind at ease. We understand that facing any criminal charge in court is a very stressful and uncertain experience. Your Massachusetts Negligent Operation of a Motor Vehicle defense lawyer will tirelessly work on your behalf and will zealously represent your interests in court so that you may take comfort in knowing that your rights are being protected throughout the process.
As a client of our firm, your Greater Boston Negligent Operation Defense Attorney will fully explain your rights and the legal avenues available. We will examine every detail of your case in order to achieve the best outcome possible.
Our firm offers free of charge initial consultations and quotes on all criminal cases. Contact our law firm by phone or online to speak with a dedicated Cambridge criminal defense lawyer about your case today.
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