Reckless Operation of a Motor Vehicle

Section 24(2)(a) of chapter 90 of Massachusetts General Laws provides as follows: “Whoever, upon any way or in any place to which the public has a right of access, or [in] any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly . . . shall be punished . . . .”

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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. It is not enough for the Commonwealth to prove that the defendant acted negligently — that is, acted in a way that a reasonably careful person would not. It must be shown that the defendant’s actions went beyond mere negligence and amounted to recklessness. The defendant was reckless if he/she knew, or should have known, that such actions would pose a grave danger of death or serious injury to others, but he/she chose, nevertheless, to run the risk and go ahead.

In order to convict a person of operating a motor vehicle recklessly, the Commonwealth must prove three things beyond a reasonable doubt:

  1. That the defendant operated a motor vehicle;
  2. That he/she did so (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
  3. That he/she did so in a reckless manner.

 

If You Have Been Charged With Reckless Operation of a Motor Vehicle

If you have been charged with Reckless Operation of a Motor Vehicle, call McCormack Law today to begin preparing your defenses.

 

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