Neglegent Operation / Driving to Endanger
Fighting a Massachusetts Operating to Endanger Offense
Understanding Driving to Endanger (Operating a Motor Vehicle so as to Endanger) laws in Massachusetts.
Negligent Operation and Reckless Operation both fall under the umbrella of Massachusetts' Driving to Endanger laws. ( Chapter 90 , Section 24(1)(h)(2)(a) )
There is, however, a difference in the elements between Negligent Operation and Reckless Operation.
Reckless Operation must be proven to be actually reckless. Reckless driving is considered a higher standard, and more dangerous behaivor than negligent. Reckless could mean knowingly risking, at a level that is more than careless. Driving 100mph at night with your lights off might be considered reckless and dangerous driving.
Negligent Operation need only be proven to be negligent, which could be carelessness, or simply not paying attention. If you are playing with your radio or GPS system while driving, and swerve into another lane, that might ben an example of negligent operation.
The penalties under Massachusetts law for either form of driving to endanger is the same, which is:
- Fines up to $200.
- Possible Jail Sentence of up 2 two years.
- Or, both jail time and the fine.
Also, there is a $250 fee, known as the ead Injury Assessment Fee. In addition, points on your license could result in administrative license suspension by the registry.
Why are there two different laws with the same penalty? It's basically an idosyncracy of Massachusetts laws.
Negligent operation is easier to prove that reckless operation, so that is charged more frequently. But both are serious offenses.
But being stuck with a criminal record is no joke. In particular, a criminal driving offense conviction can prevent you from being able to rent a car.
If you are facing a driving to endanger charge, please call attorney Henry Fasoldt at (781) 817-6332. The Law Offices of Russell Matson are experienced defense attorneys at fighting all forms of criminal traffic offenses in Massachusetts.
Don't just plead guilty to a driving to endanger charge in Massachusetts without a fight! The consequences of this criminal charge can be significant.