Aggressive Advocacy for the Accused
Motor Vehicle Homicide
Motor Vehicle Homicide is the criminal offense that punishes those that, due to their intoxication and operate a vehicle negligently and recklessly so that the lives or safety of the public might be endangered, cause the death of another person. Massachusetts General Laws Chapter 90, Section 24G(a), defines the criminal felony offense of Vehicular Homicide as:
“Whoever, upon any way or in any place to which the public has a right of access…operates a motor vehicle while under the influence of intoxicating liquor…or drugs…and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes the death of another person, shall be guilty of homicide by a motor vehicle while under the influence of an intoxicating substance.”
In Massachusetts, the crime of Vehicular Homicide is punishable by imprisonment to state prison for 2.5 to 15 years, or to the House of Corrections for 1 to 2.5 years; and a fine of up to $5,000. If there is no evidence of reckless or negligent driving, and only a Blood Alcohol Content of 0.08% or greater, the criminal penalty in Massachusetts is 30 days up to 2.5 years in the House of Corrections.
In addition, a conviction for Vehicular Homicide in Massachusetts will obviously have severe implications in your right to drive a vehicle. For first-time offenders, the Registrar of Motor Vehicles may revoke your Driver’s License for 15 years; and for a subsequent-offender, your license may be revoked for life.
For the criminal offense of Vehicular Homicide, the prosecutor has the burden of proving, beyond a reasonable doubt:
- That the defendant operated a motor vehicle;
- That such operation occurred on a way or in a place to which the public has a right of access;
- That while the defendant was operating the motor vehicle he was under the influence of an intoxicating substance;
- That the motor vehicle was operated in a reckless or negligent manner so that the lives or safety of the public might have been endangered; and
- That such operation caused the death of another person.
With regards to whether the defendant operated the motor vehicle while under the influence of liquor or drugs, Massachusetts law further explains that the defendant did not have to be drunk or completely unconscious as a result of the intake of the particular substance. Being under the influence means that, at the time of the incident, the defendant’s intake of liquor, drugs or whichever intoxicating substance diminished the defendant’s ability to operate a motor vehicle safely – to the point where the defendant had consumed enough of the intoxicating substance to reduce his mental clarity, self-control and reflexes, leaving him with a reduced ability to drive safely.
If you have been charged with the crime of Vehicular Homicide, it is critical that you immediately consult with an experienced criminal defense lawyer who can explain your legal rights and best defense your criminal charges.
Boston Criminal Defense Attorney Lefteris K. Travayiakis is available 24/7. To schedule a Free Consultation, Click Here to Contact a Boston Murder Lawyer or call him directly at 617-325-9500.