Most vehicular homicide cases in Massachusetts take one to three years from the crash to a resolution, and some take longer when an appeal follows. The case has to move through scene investigation, accident reconstruction, lab work, a charging decision, arraignment, possibly a grand jury, discovery, pretrial motions, trial, sentencing, and — if the conviction is challenged — appellate review.
This post walks through that road ahead so you and your family know what to expect from a motor vehicle homicide case in Massachusetts, and where the long waits really happen.
The Motor Vehicular Homicide Case Investigation in Massachusetts
The first phase usually feels the longest because most of it happens out of view. State and local police process the scene the day of the crash. Within hours, the Massachusetts State Police Collision Analysis and Reconstruction Section — the CARS team — is usually called in. CARS troopers are trained collision reconstructionists who measure the roadway, photograph and scan the scene, download data from the vehicles’ event data recorders, interview witnesses, and ultimately produce a reconstruction report. That report often anchors the prosecution’s theory of how the crash happened and who is responsible.
While CARS works the reconstruction, blood and urine samples taken from the driver go to the Massachusetts State Police Crime Laboratory for toxicology. Toxicology results typically come back in a matter of weeks, sometimes longer when the lab is backed up or when drug testing requires confirmation. Nothing about the criminal case can move until both the reconstruction and the lab work are complete.
During this stretch, the Registry of Motor Vehicles issues an immediate license suspension known as a Fatal Accident Preliminary, or FAP, under Chapter 90, Section 29. The FAP is administrative. It happens before any criminal charge is filed and stays in place while the investigation continues.
When Charges Are Filed — and Where
Charges typically issue weeks to several months after the crash, depending on the complexity of the reconstruction and the lab’s turnaround time. The district attorney’s office reviews the CARS report, toxicology, witness statements, and any other evidence, then decides whether to charge motor vehicle homicide under M.G.L. c. 90, § 24G — and if so, which subsection.
The charging decision drives everything that follows. Misdemeanor motor vehicle homicide stays in District Court. Felony motor vehicle homicide — whether based on operating under the influence or on reckless operation — moves to Superior Court. If the conduct rises higher, the Commonwealth may charge manslaughter under M.G.L. c. 265, § 13, which is also a Superior Court case.
Arraignment and the Superior Court track
Arraignment is the first court date. The judge formally states the charges, addresses bail or conditions of release, and sets the next event on the calendar. Arraignment itself is short, often less than an hour.
If the case is headed to Superior Court, the next milestone is grand jury. Prosecutors present evidence — usually CARS reconstruction testimony, toxicology, and witness statements — to a grand jury, which decides whether to return an indictment. The defense does not participate in this stage. Grand jury proceedings typically happen within a few months of the initial complaint, and the case is then arraigned again in Superior Court.
Discovery and Pretrial Motions — The Long Middle
This is where most of the year-plus runtime accumulates. Both sides exchange police reports, lab work, body camera and dash camera footage, hospital records, EDR downloads, photos, and witness statements. A good defense team retains its own accident reconstructionist and, depending on the case, a toxicologist or biomechanical expert to challenge the Commonwealth’s theory.
Pretrial motions get filed during this phase. Common ones include motions to suppress evidence from an unlawful stop or blood draw, motions to exclude unreliable expert opinions, and motions challenging the chain of custody on lab samples. Each motion can require briefing, a hearing, and a written ruling. Twelve to twenty-four months from arraignment to a trial-ready posture is normal in a contested Superior Court motor vehicle homicide case.
Trial, Sentencing, and Appeal
A motor vehicle homicide trial usually runs anywhere from several days to two weeks, depending on the number of experts and the complexity of the reconstruction. Jury selection alone in a serious case can take a full day.
If the jury convicts, sentencing follows — sometimes immediately, sometimes weeks later after a presentence investigation. The judge weighs the statutory range, the facts of the crash, the defendant’s record, victim impact statements, and any mitigating evidence the defense presents.
An appeal extends the timeline further. A direct criminal appeal of a Superior Court conviction goes to the Massachusetts Appeals Court and typically takes a year or more from filing to decision. Further review by the Supreme Judicial Court adds time.
What To Expect Day to Day
Most of a motor vehicle homicide case does not happen in a courtroom. It happens in lab reports, expert consultations, written motions, and long stretches where it feels like nothing is moving. That is normal. The work being done quietly during the middle of the case is usually the work that decides the outcome.
A defense team’s job during that middle stretch is to push back on the Commonwealth’s reconstruction, scrutinize the toxicology, identify constitutional and evidentiary issues, and prepare every realistic path to a better result — whether that is a dismissal, a reduction, a favorable plea, or trial. The earlier that work starts, the more options remain on the table.
How We Can Help
Matthew Peterson is a Boston criminal defense attorney representing people across Eastern Massachusetts in motor vehicle homicide cases and other serious felonies. If you or someone in your family is facing a motor vehicle homicide investigation or charge, the firm offers free consultations. Call or text 617-295-7500, or send us a message below.
