What is motor vehicle homicide?

What is homicide by a motor vehicle?

Homicide using a motor vehicle can be a felony under Massachusetts General Laws Chapter 90, Section 24G(a). A person who is under the influence or drugs and alcohol and is driving a motor vehicle recklessly or negligently in a way that causes the death of another person could face a lengthy jail or prison sentence.

What does the government have to prove to send someone to jail for motor vehicle homicide?

In order to prove the Commonwealth guilty of the offense of homicide by a motor vehicle, the Commonwealth must prove ALL of the following:

  • That the defendant operated a motor vehicle
  • That the defendant operated a motor vehicle on a way where the public have access
  • That while the defendant was operating the vehicle, he or she: (1.) had a percentage, by weight, of alcohol in his or her blood of .08% or greater OR (2.) was under the influence of marijuana, narcotic drugs, depressants, or stimulant substance; OR (3.) was under the influence of intoxicating liquor
  • (If reckless operation alleged) That the defendant operated the vehicle in a manner which is considered “reckless”under the laws of the Commonwealth
  • (If negligent operation alleged) That the defendant operated the vehicle in a negligent manner so that more than the lives and safety of public might have been endangered
  • That the defendant’s actions caused the death of another person

Also, a defendant legally caused a death if his or her actions directly set in motion the entire chain of events that produced the death. The defendant is the cause of death if his or her actions produced it in a natural sequence.

Am I eligible for parole with motor vehicle homicide?

YES, a defendant convicted of felony vehicular homicide is eligible for parole and good conduct deductions.

IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH HOMICIDE BY A MOTOR VEHICLE, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.

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