Traffic Violations Criminal Defense Attorney | Motor Vehicle Offenses Lawyer MA

Motor Vehicle Offenses in Massachusetts

There are a few things to keep in mind when you get pulled over by a police officer. First, pull over as soon as it is safe for you to do so, but not in a hurried or reckless fashion. Second, shut off your radio, and leave your mobile phone alone. Prepare yourself by getting your license and registration ready for when the officer reaches your vehicle. Third, remain in your vehicle unless the officer asks you to step out of it, or it is on fire. Fourth, if it is dark outside, turn on your interior lights to be considerate to the officer. And finally, don’t say a word. Let the officer speak first and listen to what they are saying.

Contact MA Motor Vehicle Offenses Criminal Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Vehicular crimes and accidents Massachusetts

Operating Unregistered Motor Vehicle and Operating without a License: Dismissed

Vehicle pulled over for expired registration sticker. Motorist did not have a valid driver’s license and vehicle registration was expired. Motorist was charged with both Operating an Unregistered Motor Vehicle and Operating a Motor Vehicle without a License.

RESULT: Successfully negotiated dismissal of all charges.

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Vehicular crimes and accidents in the Commonwealth of Massachusetts can be charged as a misdemeanor or as a felony, depending upon the severity of the crime and the consequences thereof. Other than the obvious driving offenses such as Drunk Driving, OUI, and motor vehicle accidents, there are a host of other vehicle related criminal charges that can be applied in certain situations that carry stiff fines and lengthy jail sentences. Some charges involving motor vehicle crimes are:

Negligent Operation of a Motor Vehicle, Driving to Endanger, Operating to Endanger or Reckless Driving

You must be the operator of a motor vehicle, in a place where the public has access, and you must be doing so in a negligent manner that might have endangered the lives or safety of others. The standard in this situation is that your actions were not those that a reasonable person would have chosen, and that by doing so, you created a dangerous situation, for those around you, that could have been avoided. You do not need to have had an actual accident to be found guilty of this crime. If found guilty of negligent operation of a motor vehicle, you face the possibility of a 2 year prison sentence.

Contact Massachusetts Negligent Operation and Reckless Driving Attorney John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Driving Under the Influence (DUI), Operating Under the Influence (OUI) or Drunk Driving

Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle: Continued without a Finding

Motorist alleged ran through red light causing traffic accident. Upon arrival by police, motorist appeared to be intoxicated. He subsequently failed a series of field sobriety tests and had a .16 BAC as detected by a chemical breath test. Accordingly, motorist was charged with both Operating Under the Influence and Negligent Operation of a Motor Vehicle.

RESULT: Successfully negotiated that these charges be continued without a finding for 12 months and no criminal conviction imposed.

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Being charged with Drunk Driving or OUI in Massachusetts implies that you had a blood alcohol level of over .08, that you were driving in such a way that an officer had just cause to pull you over, and that you failed one or more field sobriety tests given at the scene. Remember that in addition to whatever sentence and/or fines the judge imposes, in Massachusetts you will be subject to insurance surcharges based upon any motor vehicle offense you for which you are charged and convicted. The enactment of Melanie’s Law in MA has made these drunk driving charges and penalties fall under the category of felony offenses in most instances, in an effort to rid MA roadways of negligent or intoxicated drivers altogether. For more information on OUI and Drunk Driving Penalties and Defense in Massachusetts click here.

Contact MA OUI Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Operating an Uninsured Motor Vehicle, Operating After Suspension or Revocation of License, or Operating Without Being Licensed

Operating Under the Influence of Alcohol; Negligent Operation of a Motor Vehicle; Unlicensed Operation; Seat Belt Violation; and Marked Lanes Violation: Continued without a Finding

Police pull motorist over on highway after observing him braking abruptly and drifting among the travel lanes. Motorist was not wearing a seatbelt and appeared to be intoxicated. He then failed series of field sobriety tests and urinated in backseat of police car on way to the station. A chemical breath test revealed motorist’s BAC at .22. Accordingly, he was charged with Operating Under the Influence of Alcohol; Negligent Operation of a Motor Vehicle; Unlicensed Operation; Seat Belt Violation; and Marked Lanes Violation.

RESULT: Successfully negotiated a finding of not responsible for the two violations; dismissal of the Unlicensed Operation charge; and a continuation without a finding and no criminal conviction imposed with both Operating Under the Influence and Negligent Operation charges.

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In order to be convicted of these crimes, the state must prove that you operated your motor vehicle with knowledge that your license was suspended, revoked, or non-existent. If you are convicted, you will face a $500 fine and up to 10 days in jail for your first offense, and 60 days to one year in jail for subsequent violations.

Motor Vehicle Homicide, Hit and Run, or Vehicular Manslaughter

This charge is divided into a felony count and a misdemeanor count with the criteria differing only on one point. In order to obtain a conviction for both charges, prosecutors must prove that you were in operation of the vehicle, that you were under the influence of a controlled substance or intoxicating substances, that you operated the vehicle negligently or recklessly, and that another person died as a result of the accident.

The difference between a felony charge and a misdemeanor charge is your involvement in the death. If the victim died as a direct result of your actions in your vehicle, it is a felony charge. If the victim died, but may have or would have died whether you were there or not, even though you were involved in the accident, then it is a misdemeanor. The penalties for reckless endangerment death resulting are 2 and a half years in prison for a misdemeanor, and up to 15 years in prison for a felony, with a one year mandatory sentencing guideline.

Contact MA Hit and Run and Vehicular Homicide Defense Attorney John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Aside from everyday civil vehicle offenses like parking tickets, speeding tickets, and other minor traffic infractions, drivers and pedestrians alike can be affected by the negligent, risky driving behavior of other motorists. We have all had moments where our driving skills were less than perfect, however if you are operating a motor vehicle illegally, or under the influence of a controlled substance and you are pulled over by an officer, you stand to face substantial criminal charges, and will need the help of a lawyer to safely navigate your way.

Contact the Massachusetts Motor Vehicle Offenses Criminal Defense Attorneys with John L. Calcagni by Email or call today at (401) 351-5100 for a FREE CONSULTATION.

ADMITTED TO PRACTICE IN:

Rhode Island         2003
Massachusetts       2003
Connecticut           2005
New York              2005
Florida                   2008
U.S. District Court for Northern District of New York         2004
U.S. District Court for Eastern District of New York            2010
U.S. District Court for Southern District of New York         2010
U.S. District Court for the District of Rhode Island              2008
U.S. District Court for the District of Massachusetts            2008
U.S. District Court for the District of Connecticut               2009
U.S. District Court for the District of Columbia                   2010
U.S. Court of Appeals for the First Circuit                           2004
U.S. Court of Appeals for the Second Circuit                       2011
U.S. Army Court of Criminal Appeals                                 2011
U.S. Court of Appeals for the Armed Forces                        2011
U.S. Supreme Court                                                             2009