Vehicular Homicide occurs under Massachusetts criminal law when a person causes the death of another by engaging in reckless or negligent driving while under the influence of drugs or alcohol. In Massachusetts, the crime of Vehicular Homicide may be found at Massachusetts General Laws, Chapter 90, Section 24G.
Legal Elements of Vehicular Homicide
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Vehicular Homicide may be either a felony or a misdemeanor under Massachusetts criminal law. Prosecutors will decide to file the charge as misdemeanor or a felony, depending on the facts and circumstances of the case. For Felony Vehicular Homicide, a person may be convicted by the theory of Operating Under the Influence coupled with either:
- Reckless Operation or
- Negligent operation
For Misdemeanor Vehicular Homicide, a person may be convicted under any of the theory theories:
- Operating Under the Influence; or
- Reckless Operation; or
- Negligent Operation need to be proven
Felony Vehicular Homicide
In order to be convicted of Felony Vehicular Homicide, 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;
- that while the defendant was operating the vehicle he or she had a percentage, by weight, of alcohol in his or her blood of .08% or greater, or was under the influence of intoxicating liquor, or was under the influence of marihuana, or narcotic drugs, depressants, stimulants, or vapors of glue;
- the defendant operated the vehicle in a manner which is considered reckless or operated the vehicle in a negligent manner so that the lives and safety of the public might have been endangered; and
- that the defendant’s actions caused the death of another person
The defendant caused the death if his or her actions directly and substantially set in motion the entire chain of events that produced the death. The defendant is the cause of the death if his or her actions produced it in a natural and continuous sequence, and the death would not have occurred without the defendant’s actions.
Misdemeanor Vehicular Homicide
In order to be convicted of Misdemeanor Vehicular Homicide, 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;
- the defendant was either: (a) operating the vehicle he or she had a percentage, by weight, of alcohol in his or her blood of .08% or greater, or was under the influence of intoxicating liquor, or was under the influence of marihuana, or narcotic drugs, depressants, stimulants, or vapors of glue; (b) operating the vehicle in a manner which is considered reckless; or (c) operating the vehicle in a negligent manner so that the lives and safety of the public might have been endangered; and
- that the defendant’s actions caused the death of another person
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.
A person acts negligently when he fails to use due care, that is, when he acts in a way that a reasonable person would not act. This can happen either by doing something that a reasonably prudent person would not do under those circumstances, or by failing to do something that a reasonably prudent person would do. The defendant acted negligently if he or she drove in a way that a reasonable person would not have, and by doing so created an unnecessary danger to other people, a danger that he or she could have avoided by driving more carefully.
The defendant caused the death if his or her actions directly and substantially set in motion the entire chain of events that produced the death. The defendant is the cause of the death if his or her actions produced it in a natural and continuous sequence, and the death would not have occurred without the defendant’s actions.
Potential Punishment if Convicted of Vehicular Homicide in Massachusetts
The potential consequences for Vehicular Homicide, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 90, Section 24G(a) and 24G(b). A defendant convicted of a Felony Vehicular Homicide shall be punished by imprisonment in the state prison for not less than 2 ½ years nor more than 15 years or by imprisonment in a jail or house of correction for not less than 1 year nor more than 2 ½ years.
A defendant convicted of a Misdemeanor Vehicular Homicide, either by Operating Under the Influence or Negligent Operation, shall be punished by imprisonment in a jail or house of correction for not less than 30 days nor more than 2 ½ years.
A defendant convicted of a Misdemeanor Vehicular Homicide by Reckless Operation, shall be punished by imprisonment in a jail or house of correction for not more than 2 ½ years, or by imprisonment in the state prison.
If you have been charged with Vehicular Homicide 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.
