Being charged with negligent operation of a motor vehicle under M.G.L. c. 90 § 24(2)(a) is a serious criminal matter — not just a traffic ticket — that can result in jail time, a criminal record, and the loss of your driver’s license.
This blog explains what the charge means, what the Commonwealth must prove, what defenses are available, and what the consequences could be.
What is Negligent Operation of a Motor Vehicle?
Massachusetts law makes it a crime to operate a motor vehicle on a public way negligently in a way that could endanger the lives or safety of the public. Crucially, no one needs to have been hurt — the prosecution only needs to show your driving could have put people at risk.
Common scenarios include serious accidents, excessive speeding, erratic or weaving driving, running red lights, distracted driving, and racing.
How Is This Different from OUI?
Negligent operation has nothing to do with alcohol or drugs. OUI (operating under the influence) is a separate charge requiring proof of impairment. Negligent operation is based entirely on how you were driving. That said, both charges are sometimes filed together after an accident.
What does the Prosecution Have to Prove?
The Commonwealth must prove three things beyond a reasonable doubt:
- That you operated a motor vehicle
- That you did so in a way/place the public has access to, either generally, or as licensees or invitees
- That you did so in a negligent manner, so the safety of the public may have been in danger
Keep in mind, even if there was no accident, you can still be charged with this crime. The charge just means that you allegedly drove in a way that could have endangered the public, even if no one was in the vicinity.
License Consequences
A conviction counts as a major violation on your RMV record. Three major violations within five years can result in classification as a Habitual Traffic Offender (HTO), which means a four-year loss of your license under G.L. c. 90 § 22F.
A hardship license is not available until one year of that suspension has been served. The conviction also counts as a surchargeable event, which can raise insurance rates and, combined with other violations, trigger additional suspensions. CDL holders face separate and stricter federal consequences that can end a driving career.
What are the Possible Penalties for Negligent Operation of a Motor Vehicle if I’m Convicted?
If you’re convicted of negligent operation of a motor vehicle in Massachusetts, you could face jail time, and/or you may have to pay fines to the state. The fine is not less than $20, and not more than $200, plus a $250 Head Injury Treatment Services Trust Fund surcharge. Additionally, the RMV could also revoke your license for 60 days, unless the judge recommends otherwise. The RMV may also revoke the vehicle’s registration if you are the registered owner or if you are the one who has exclusive control of the vehicle.
Do I Still Need an Attorney if I am Summoned for a Clerk’s Hearing for This Charge?
If you have been charged with negligent operation of a motor vehicle in Massachusetts, the Law Office of Matthew W. Peterson is here to help. With offices in Boston and Salem, as well as Zoom and phone consultation options, we make it easy to discuss your case with an experienced Boston criminal defense attorney.
Our firm has successfully represented numerous clients facing motor vehicle and criminal charges throughout Greater Boston and across Massachusetts. Contact us today by calling or texting 617-296-7500 to schedule a strategy session.
