Operating to Endanger and Motor Vehicle Homicide in Massachusetts (M.G.L. c. 90, §§ 24(2)(a), 24G)

Operating to Endanger: The Aggravated Form of Negligent Operation

Massachusetts General Laws Chapter 90, Section 24(2)(a) covers both negligent operation and the aggravated version commonly referred to as operating to endanger. While the statutory language covers operation that “might” endanger the public, prosecutors charge operating to endanger when the conduct was more serious, when an accident occurred, or when the manner of operation caused significant risk of injury. The charge carries higher exposure than a standard negligent operation citation and is more commonly prosecuted in District Court on a complaint rather than a citation.

Motor Vehicle Homicide: M.G.L. c. 90, § 24G

When negligent or reckless operation of a motor vehicle causes the death of another person, the charge is elevated to motor vehicle homicide under M.G.L. c. 90, § 24G. The statute has two forms:

Negligent motor vehicle homicide (M.G.L. c. 90, § 24G(b)). Operating negligently so that the lives or safety of the public might be endangered and causing the death of another person. This is a misdemeanor carrying up to two and one-half years in a house of correction, a fine of $300 to $3,000, and a license revocation of not less than one year.

Reckless motor vehicle homicide (M.G.L. c. 90, § 24G(a)). Operating recklessly so that the lives or safety of the public might be endangered and causing the death of another person. This is a felony carrying up to fifteen years in state prison, a fine of $300 to $3,000, and a license revocation of not less than one year. The reckless form is the more serious charge and is typically brought when the conduct involved extreme speed, racing, drag racing, or operation while impaired.

OUI-Enhanced Motor Vehicle Homicide

When a person operates a motor vehicle while under the influence of alcohol or a controlled substance and causes the death of another person, the charge is motor vehicle homicide by OUI under M.G.L. c. 90, § 24G(a). This form carries the same fifteen-year maximum as reckless motor vehicle homicide and is prosecuted as a felony in Superior Court when the evidence supports the OUI charge. The OUI enhancement does not require a prior OUI conviction, any operation while impaired that causes a death qualifies. See: OUI Defense in Massachusetts and Fighting an OUI in Massachusetts: How Cases Are Won at Trial.

The Distinction Between Negligent and Reckless Homicide

The distinction between negligent and reckless motor vehicle homicide under Section 24G is the same as the distinction between negligence and recklessness in criminal law generally. Negligent operation involves a failure to exercise due care. Reckless operation involves a conscious disregard of a substantial and unjustifiable risk. Speed alone is not necessarily reckless. A driver who was traveling 20 mph over the posted speed limit and lost control may be charged with negligent homicide. A driver who was traveling 90 mph on a residential street with pedestrians present may be charged with reckless homicide. The specific facts of the speed, the road conditions, the time of day, and any warning signs are all relevant to the distinction.

Defense counsel must challenge the reckless characterization when the conduct, while serious, does not rise to the level of conscious disregard of a substantial risk. A successful reduction from reckless to negligent homicide reduces the charge from a fifteen-year felony to a two-and-one-half-year misdemeanor.

Causation

The Commonwealth must prove beyond a reasonable doubt that the defendant’s negligent or reckless operation caused the death of the victim. Causation is frequently contested when: the victim was also operating a vehicle in an unsafe manner; the road or traffic conditions contributed independently to the accident; a mechanical defect in either vehicle was a contributing cause; or another driver’s conduct was the primary cause of the collision. Expert accident reconstruction testimony, physical evidence at the scene, and surveillance or dashcam footage are all available to challenge the Commonwealth’s causation theory.

Penalties Summary

• Negligent motor vehicle homicide (M.G.L. c. 90, § 24G(b)): misdemeanor, up to 2.5 years house of correction, fine $300-$3,000, minimum 1-year license revocation.
• Reckless motor vehicle homicide (M.G.L. c. 90, § 24G(a)): felony, up to 15 years state prison, fine $300-$3,000, minimum 1-year license revocation.
• OUI motor vehicle homicide (M.G.L. c. 90, § 24G(a)): same as reckless, prosecuted as felony.

Defense

Challenging the OUI component. In OUI motor vehicle homicide cases, a suppression of the breathalyzer result or the traffic stop undermines the OUI element. See: Why a Massachusetts Breathalyzer Result Does Not Establish Guilt Beyond a Reasonable Doubt.

Disputing recklessness. A successful reduction from reckless to negligent motor vehicle homicide reduces the charge from a fifteen-year felony to a two-and-one-half-year misdemeanor.

Challenging causation. Expert accident reconstruction testimony, examination of the physical evidence, and alternative causation theories are available in every motor vehicle homicide case.

Suppression of evidence. Statements made at the scene, blood draws, and other evidence gathered after the accident are subject to suppression when obtained in violation of the Fourth Amendment or Article 14. See: Illegal Searches and Seizures in Massachusetts.

Related Pages

• Massachusetts Motor Vehicle Crimes Defense, Hub Page
• Negligent and Reckless Operation (M.G.L. c. 90, § 24(2)(a))
• Operating After Suspension and Unlicensed Operation
• Leaving the Scene of an Accident in Massachusetts
• OUI Defense in Massachusetts
• Should I Take the Breathalyzer in Massachusetts?
• Fighting an OUI in Massachusetts: How Cases Are Won at Trial
• Illegal Searches and Seizures in Massachusetts
• Massachusetts Criminal Defense Trial Results

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