Massachusetts Negligent Operation Charge
Fight Your Massachusetts Neglient Operation Offfense! Keep Your Driver's License From Being Suspended
Under Massachusetts General Laws, Chapter 90 Section 24 you can be charged with reckless or negligent operation of a motor vehicle if you operated a motor vehicle in a public place or roadway, or in a private area open to the public, in such a way that endangers the lives and safety of the public. This is a criminal misdemeanor charge under the law – it is not a civil penalty, like a speeding ticket. If you are charged with negligent or reckless operation of a motor vehicle, to find you guilty the Commonwealth must prove that your driving took place in a public area and that it endangered the safety of people in that area.
Again, these charges are criminal misdemeanor charges. The maximum penalty under the law, if you are found guilty, is a fine between twenty and two hundred dollars, or by imprisonment of not less than two weeks nor more than two years, or both the jail time and the fine. Additionally, there is a two hundred and fifty dollar fine (Head Injury Assessment Fee) that accompanies a guilty finding or a plea to sufficient facts (CWOF) on either reckless or negligent operation. Although jail time is rarely given for either reckless or negligent driving, it is possible. Also, you will face revocation or suspension of your license as a result of being found guilty or pleading to sufficient facts (CWOF), depending on your driving record.
Many times a negligent or reckless operation charge can accompany an OUI charge, but they can also be issued for a multitude of different reasons outside of an OUI charge. For example, driving through a crosswalk without checking for people walking through it, or speeding in a highly populated area, could lead to a charge on either offense. Even if you aren’t arrested, a citation for negligent or reckless operation is a criminal offense.
You should speak to an experience criminal defense attorney to help you fight either a reckless or negligent operation charge, as the penalties are significant. You should also be aware that because they are criminal charges, should you be found guilty the offense remains on your record forever. The ramifications of a record can be detrimental, so having an experience attorney represent you is a wise decision.
Don't just plead guilty to a negligent operation charge in Massachusetts without a fight!