Operating So As To Endanger
Greater Boston Area Motor Vehicle Offense Defense Attorneys
In Massachusetts it is a crime to operate a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered.
Massachusetts General Laws chapter 90 section 24 (2) (a) distinguishes between two forms of operating to endanger: negligent operation and reckless operation. In order to get a conviction for driving to endanger the commonwealth doesn’t have to show that a specific person was endangered because of the defendant’s negligent or reckless operation. Instead all the prosecution has to show is that the defendant’s negligent or reckless operation could have endangered any member of the public that might have been on the street. Weather and road conditions, rate of speed, time of day and the way the driver was operating the vehicle are some factors that will be taken into consideration when determining driving to endanger.
In order to prove the defendant guilty of this offense the Prosecutor must prove three things beyond a reasonable doubt:
(1) The defendant operated a motor vehicle
(2) The defendant operated a vehicle on a public way or in any place where the public has a right of access, or access as invitees or licensees,
(3) The defendant operated in a reckless or negligent manner so that the lives or safety of the public might be endangered.
In order to prove reckless operation the prosecutor will have to show:
- The defendant operated his or her vehicle in a manner that was likely to cause serious injury or death and;
- The defendant knew his or her operation created this risk and;
- The defendant chose to operate the vehicle in such a manner regardless of the risk.
In order to prove negligent operation the prosecutor needs to show that the defendant intended to operator his or her vehicle negligently.
- Criminal Penalties: A fine of no less that $20 and not more than $200 or imprisonment for a minimum of 2 weeks but not more than 2 years.
- Registry Penalties: Suspended license for 60 days for first offense. A second offense that occurs within three years of a first offense will result in a revocation of license for one year.
Charged with Operating So As To Endanger? Talk to An Experienced Brockton Motor Vehicle Offenses Attorney For Free
Our knowledgeable and experienced Massachusetts driving offenses and motor vehicle violations attorneys are available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Hingham, Wareham, Middleboro; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Wrentham, Attleboro, Mansfield, Easton, Raynham; and Middlesex County including Cambridge, Lowell, Somerville, Newton, Woburn, Framingham, Malden, Chelsea, Everett, Arlington, Medford and Waltham; Cape Cod, Barnstable, Falmouth and Worcester; Essex County including Lynn, Lawrence and Salem; and the Greater Boston area including South Boston, Revere, Dorchester and Roxbury.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.