In October 2005, Massachusetts passed Melanie’s Law, which increased OUI penalties and also added several new motor vehicle criminal offenses to Massachusetts law. The law also established a requirement for most second time OUI offenders to install an Ignition Interlock Devices.
New Offenses and Penalties Under Melanie’s Law
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Employing Unlicensed Motor Vehicle Operator
Under Massachusetts criminal law, it is crime for anyone to employ or hire another person to operate a motor vehicle when that person’s driver’s license has been suspended. The penalty for a first-time conviction is a fine of $500. Additionally, the defendant may be required to surrender his or her driver’s license for a maximum of one year.
A second or subsequent conviction punishes the defendant by up to one year of incarceration in a house of corrections and a fine of up to $1,000. This may be found under Massachusetts General Laws Chapter 90, Section 12.
Permitting Person with Suspended or Revoked License to Operate Motor Vehicle
Under Massachusetts criminal law, it is a crime for a person to allow another to operate his or her own vehicle knowing that the other person does not have a driver’s license or knowing that the other person’s license is suspended or revoked.
The punishment for a conviction of this offense is a fine of $500.00 and incarceration of up to one year in a house of correction. Additionally, the defendant may be required to surrender his or her driver’s license for a maximum of one year. A second or subsequent offense is punished by a fine of $1,000 and up to 2 ½ years in jail. This may be found under Massachusetts General Laws Chapter 90, Section 12.
Permitting Person with Ignition Interlock Devise License Restriction to Operate Motor Vehicle without Device
Under Massachusetts criminal law, it is crime for one person to permit another person who has been ordered to install an Ignition Interlocking Device (IID) in his or her own vehicle, to operate another vehicle that is not equipped with such a device.
A first offense conviction punishes the defendant by up to one year in a house of corrections and a fine of $500. Additionally, the defendant may be required to surrender his or her driver’s license for a maximum of one year. A second and subsequent conviction will be punished by a term of incarceration of 2 ½ years in a house of corrections and fine of $1,000. This may be found at Massachusetts General Laws Chapter 90, Section 12.
Child Endangerment While Operating a Motor Vehicle Under the Influence
Under Massachusetts criminal law, it is a crime for a person to operate a motor vehicle while under the influence of alcohol or drugs while a child age 14 or younger is in the vehicle. A defendant convicted of a first offense shall be punished by imprisonment for at least 90 days, but not more than 2 ½ years and by a fine ranging from $1,000 to $5,000.
The defendant will also lose his or her driver’s license for one year. A second offense results in a felony conviction. A defendant will be punished by a mandatory minimum sentence of 6 months in a house of corrections or up to five years in state prison. Additionally, a defendant convicted of a second and subsequent offense will lose his or her license for three years. This may be found under Massachusetts General Laws Chapter 90 Section 24V.
Operation of Motor Vehicle While Under the Influence After Suspension or Revocation of License for Prior OUI
Under Massachusetts criminal law, it is a crime for a person to operate a motor vehicle while under the influence of drugs or alcohol if his or her license is suspended or revoked for a previous OUI.
If convicted of this offense, a defendant will be punished by a mandatory minimum sentence of one year and not more than 2 ½ years in a house of corrections. The defendant will also be punished by a fine ranging from $2,500 to $10,000 and a license suspension for one year. This may be found under Massachusetts General Laws Chapter 90 Section 23.
Operation of Motor Vehicle While Under the Influence Death Resulting
Under Massachusetts criminal law, it is a crime to cause the death of another person while operating a motor vehicle under the influence of drugs or alcohol.
Manslaughter while operating a motor vehicle under the influence is a distinct and separate crime from vehicular homicide. Manslaughter is defined as an unlawful killing unintentionally caused by wanton or reckless conduct.
Wanton and reckless conduct is conduct that creates a high degree of likelihood that substantial harm will result to another person. Under Melanie’s Law, the penalty for anyone convicted of this offense is state prison for no less than 5 years nor more than 20 years.
A convicted offender will also face a fine of up to $25,000 and a loss of license for not less than 15 years, and potentially as long as lifetime suspension. This may be found under Massachusetts General Laws Chapter 90, Section 24(a)(1).
Vehicle Forfeiture
Under the law, the Commonwealth, though the District Attorney’s Office, has the power to petition the Court for forfeiture and subsequent sale of any vehicle owned and used by a defendant who is convicted of a fourth or subsequent OUI offense. This may be found under Massachusetts General Laws Chapter 90 Section 24W.
If you have been charged with offenses created under the Melanie’s Law call (508) 213-9113 to schedule a free consultation with experienced Massachusetts OUI Defense Lawyers of the Law Office of John L. Calcagni III, and learn the best way to proceed with your case.
