Under Massachusetts criminal law, the crime of Operating Recklessly may be found at Massachusetts General Laws, Chapter 90, Section 24(2)(a). This offense makes it unlawful for a person to operate a motor vehicle recklessly on any road way that the members of the public have access to.
Legal Elements of Operating Recklessly
In order to be convicted of Operating Recklessly, there must exist strong evidence of the following legal elements:
- that the defendant operated a motor vehicle;
- that the defendant operated the motor vehicle on a way or in a place where the public has a right of access or in a place where members of the public have access as invitees or licensees; and
- the defendant did so in a reckless manner
A person drives recklessly when he ignores the fact that his manner of driving is very likely to result in death or serious injury to someone, or he is indifferent to whether someone is killed or seriously injured. The defendant was reckless if he or she knew, or should have known, that such actions would pose a grave danger of death or serious injury to others, but he or she chose, nevertheless, to run the risk and go ahead.
Potential Punishment if Convicted of Operating Recklessly in Massachusetts
The potential consequences for Operating Recklessly, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 90, Section 24(2)(a). A defendant convicted of Operating Recklessly shall be punished by imprisonment for not less than 2 weeks nor more than 2 years.
If you have been charged with Operating Recklessly call (508) 213-9113 to schedule a free consultation with experienced Massachusetts Criminal Defense Lawyers of the Law Office of John L. Calcagni III, and learn the best way to proceed with your case.