Operating Negligently so as to Endanger
Massachusetts General Laws Chapter 90 Section 24 provides that anyone who operates a motor vehicle upon a public way negligently so that the lives or safety of the public might be endangered is guilty of a crime. There are three essential that must be proved for you to be convicted of this offense. First, you must have operated a motor vehicle. Second, you must have done so on a public way or where the public has the right of access or where members of the public have access as guests. Third, operation must have occurred in a negligent manner so that it might have endangered the lives or safety of other people.
Massachusetts law holds that a person acts negligently when he does acts in a way that a reasonable person would not. This can happen by an affirmative act or by the failure to act when a reasonably prudent would do so. If by acting in that manner or failing to act in the appropriate manner you create an unnecessary danger to others or one that you could have avoided by acting appropriately you have can be found guilty of this crime. There does not have to be an accident for you to be convicted of this offense. Factors that are looked at in evaluating your conduct include the speed at which you were traveling, the manner of operation, the condition of your vehicle, the time of day, the type of road on which you were operating, weather conditions, the conduct of other vehicles or pedestrians and much more. Keep in mind that reckless operation can occur even on a deserted street. Intoxication can also factor into the case. Another driver’s actions are not relevant unless that driver was the sole cause of what happened.
A conviction of this offense carries a possible 2 year jail sentence.Will I get a Clerk Magistrate Hearing for a Charge of Operating Negligently so as to Endanger?
This simple to this question is that you might. In certain instances you definitely will. For example, if someone called in your actions and the police did not make personal observations of your manner of operation you will get a clerk’s hearing. If there was an accident, the ensuing police investigation might trigger a clerk’s hearing. If the police observed your operation and determined that a criminal complaint should issue then you might not get a clerk’s hearing. If you are handed a citation you can request a hearing by checking the correct box and sending the citation to the address listed. Even if you are guilty of negligent operation so as to endanger the clerk magistrate may, in some instances, elect not to issue the complaint. Having an experienced lawyer at your side during this hearing improves your chances of success at this proceeding. Our advice is for you to hire a lawyer. There are lots of remedies short of issuing a complaint that a good lawyer is going to be aware of and proper advocacy at a clerk’s hearing could resolve your case favorably.
Our office is geared to defending people accused of motor vehicle violations at all stages. If you get stopped and you need to go to court call us.
Cambridge District Court: Charges of Negligent Operation Dismissed
On August 19, 2016 members of the Massachusetts State Police responded to a crash scene. They observed two cars, one with rear end damage and the other with front end damage. The driver of the vehicle with rear end damage was taken to the hospital for his injuries. Witnesses to the incident stated that the car with front end damage ran a stop sign and struck the other vehicle. The witnesses further stated that the responsible driver seemed to be impaired and passed out after the collision. This man was charged with negligent operation of a motor vehicle, G.L. c. 90 Section 24. His family hired our office to defend him. Today, Attorney Neyman was able to get this charge dismissed.
Read More in Motor Vehicle Crimes
Boston Municipal Court: Charges of Operating to Endanger Dismissed After Clerk Magistrate Hearing
The defendant is a film maker living in Boston, Massachusetts. Several weeks ago he was traveling through the South Station Tunnel where he was observed cutting across several lanes of traffic nearly causing a multiple car collision. A Massachusetts State Trooper witnessing the event pulled him over and charged him with operating negligently so as to endanger, a crime under G.L. c. 90 Section 24. A clerk magistrate hearing was scheduled for today. Attorney Neyman appeared on behalf of the defendant and got the charges dismissed. No complaint issued.
Read More in Motor Vehicle Crimes
Ayer District Court: Pretrial Probation for Physician Charged With Operating to Endanger
The defendant is a physician who in October of 2015 was charged with negligent operation of a motor vehicle in violation of G.L. c. 90 Section 24. The victim claimed to be severely injured as a result of this incident and objected to any resolution of the case that did not involve a conviction. Any form of conviction or admission for the defendant could result in a loss of her medical license. Notwithstanding the objection of the victim, today Attorney Neyman was able to secure pretrial probation pursuant to G.L. c. 276 Section 87 for the defendant. She will have no criminal record and her medical license will not be impacted.
Read More in Pretrial Probation