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/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/she could have avoided by driving more carefully.
In order convict to someone of this offense, the Commonwealth must prove three things beyond a reasonable doubt:
- That the defendant operated a motor vehicle;
- That at the time the defendant was operating a motor vehicle his/her (driver’s license) (right to drive in Massachusetts) had been (suspended) (revoked); and
- That the defendant – or an agent of the defendant, such as a household member or employer – had received notice that his/her (driver’s license) (right to drive in Massachusetts) had been or was about to be (suspended) (revoked).
Motor Vehicle Offense
Most motor vehicle offenses are prosecuted in the district court, and common offenses include the following:
- Operating Under the Influence of Alcohol or Drugs (OUI, DWI, or DUI)
- Negligent Operation of a Motor Vehicle
- Reckless Operation of a Motor Vehicle
- Unlicensed Operation of a Motor Vehicle
- Operating a Motor Vehicle After Suspension or Revocation of License
- Leaving the Scene of an Accident Involving Property Damage
- Leaving the Scene of an Accident Involving Personal Injury
If You Have Been Charged With Operation on a Suspended or Revoked License
If you have been charged with Operation on a Suspended or Revoked License, call McCormack Law today to begin preparing your defenses.