Vehicular Manslaughter occurs under Massachusetts criminal law when a person causes the death of another while engaging in reckless or negligent driving or operating under the influence of drugs or alcohol. This offense may be found at Massachusetts General Laws, Chapter 265, Section 13 ½.
Legal Elements of Vehicular Manslaughter by Reckless or Negligent Driving
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In order to be convicted of Vehicular Manslaughter by Reckless or Negligent Driving, there must exist strong evidence of the following legal elements:
- that the defendant was operating a motor vehicle;
- that the operation was in a reckless or negligent way so that the lives or safety of the public might be endangered; and
- that such operation by the defendant was the proximate cause of the decedent’s death
“Recklessness” means the defendant’s conduct must have reflected a wanton disregard for the safety of others and a heedless indifference to the consequences of his actions.
The term “proximate cause” means a cause which in natural, unbroken and continuous sequence produced the event in question. In other words, proximate causation means but for the defendant’s recklessness, there would not have been a death.
Legal Elements of Vehicular Manslaughter by Operating Under the Influence of Drugs or Alcohol
In order to be convicted of Vehicular Manslaughter by Operating Under the Influence of Drugs or Alcohol, there must exist strong evidence of the following legal elements:
- that the defendant was operating a motor vehicle;
- while under the influence of intoxicating liquor or drugs; and
- that such operation by the defendant was the proximate cause of the decedent’s death
Potential Punishment if Convicted of Vehicular Manslaughter in Massachusetts
The potential consequences for Vehicular Manslaughter, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 13 ½. A defendant convicted of Vehicular Manslaughter shall be punished by imprisonment in state prison for not less than 5 years and not more than 20 years.
If you have been charged with Vehicular Manslaughter call (508) 213-9113 to schedule a free consultation with experienced Massachusetts Manslaughter Lawyers of the Law Office of John L. Calcagni III, and learn the best way to proceed with your case.
