Reckless Driving in Massachusetts

Any person who holds a license to operate a motor vehicle in Massachusetts has certain responsibilities and expectations placed upon them, including the expectation that they will operate their vehicle safely and within the parameters of the law. If a person breaches this expectation, they can face traffic penalties and, in some cases, criminal charges. One serious driving-related charge in Massachusetts is reckless driving. If you have been charged with reckless driving, you need an attorney on your side immediately. To learn more about how our law firm can help, reach out to The Law Office of Paul R. Moraski today. 

What Is Reckless Driving?

The crime of reckless driving is found in Massachusetts General Laws, Chapter 24 Section 90. Under this section of the code, it states that it is unlawful to operate a motor vehicle in a way that is “reckless” on a public way. In order for a prosecution to secure a conviction of guilt, they must be able to prove that:

  1. You were operating a motor vehicle
  2. You were operating the motor vehicle on a public way (e.g. it could not have been a private roadway or parking lot)
  3. You were operating the motor vehicle in a “reckless” manner

The big question here is, “What constitutes recklessness?” The courts tend to define reckless driving as driving that is so negligent and careless as to endanger the health and safety of another person and likely lead to serious injury or death. For example, drag racing, driving at excessive speeds, or even driving too fast in certain weather conditions could all be considered reckless driving. 

How to Beat a Reckless Driving Ticket

Remember, the burden is on the prosecution to prove your guilt beyond a reasonable doubt; if there is any doubt, then you cannot be convicted. Therefore, it is the job of you and your attorney to sow doubt. The specific strategy that makes sense for you will vary based on the details of your case, but you may be able to supply evidence that you were not aware of the risk of your behavior or that the behavior was not actually reckless at all, but merely negligent.

Penalties for a Reckless Driving Charge

If you are convicted of reckless driving, you may face a fine of up to $500, a period of imprisonment of up to two years, or both the fine and period of imprisonment. Because these penalties—particularly the risk of imprisonment—are quite steep, it’s important to consult with an attorney as soon as possible. An attorney will work with you to develop a defense strategy that makes sense for your case, as well as advocate for your rights along the way.

Call The Law Office of Paul R. Moraski Today

At The Law Office of Paul R. Moraski, we know what you’re going through. To get the legal help you need when you need it most, call (978) 397-0011 today or visit us online to request a consultation.