Homicide by Motor Vehicle/ Homicide by OUI/ Manslaughter by Motor Vehicle
Homicide by Motor Vehicle
In Massachusetts, under MGL c. 90 s. 24G paragraph (b), if while operating a motor vehicle recklessly or negligently, you cause the death of another person, you can be charged with the misdemeanor offense of homicide by motor vehicle. The prosecution is not required to prove that you were under the influence of alcohol or drugs- just that you were operating in a way that created a safety risk. The second way in which you can be charged and convicted under this statute is by being under the influence of alcohol or drugs while operating a motor vehicle, even if you obeyed all other traffic laws and were not driving negligently, if you caused the death of someone. This second way to be charged under paragraph (b) is rare, since most fatal accidents caused by an impaired driver almost always involve some form of reckless driving, and the prosecution will charge you with the felony under paragraph (a) of this statute (see below).
If you are charged with misdemeanor homicide by motor vehicle, you face a minimum mandatory jail sentence of 30 days, up to the following potential penalties:
- 2 1/2 years in jail
- $300 fine (minimum) up to $3,000 fine
- 15 year license loss
- 15 years in state prison
- $5,000 fine
- 15 year license loss (minimum)
- 20 years in state prison
- $25,000 fine
- 15 year license loss (minimum) up to lifetime license loss
Please visit our sister website, massduidefenselawyer.com, which is dedicated exclusively to motor vehicle crimes.