Massachusetts's Reckless Driving Law and Conviction Penalties

In Massachusetts, unsafe driving can lead to reckless driving or negligent operation charges. This article explains how Massachusetts defines these offenses and the penalties you'll face for a conviction.

What's Considered "Reckless Driving" (Reckless Operation) in Massachusetts?

In Massachusetts, "reckless operation" has several parts (called "elements") that the prosecutor must prove to get a conviction. These elements are:

• the operation of a motor vehicle
• on a public roadway or roadway to which the public has access, and
• the intentional failure to take necessary care in disregard of the probable harmful consequences to others.

The third element essentially requires the prosecution to prove that the driver appreciated but disregarded the risk of the conduct. (Mass. Gen. Laws Ann. ch. 90, § 24.)

What's Considered "Negligent Operation" in Massachusetts?

"Negligent operation" shares the first two elements with reckless operation. However, the third element is different. So, to get a negligent operation conviction, the prosecution needs to prove:

• the operation of a motor vehicle
• on a public roadway or roadway to which the public has access, and
• negligently so that the lives or safety of the public might be endangered.

In other words, the third element doesn't require a showing that the motorist actually realized the hazards posed by his or her driving.

Reckless and Negligent Operation Penalties in Massachusetts

The penalties for a reckless or negligent driving conviction depend on the circumstances. But the possible consequences are described below.

Fines and Jail Time for Reckless or Negligent Operation in Massachusetts

A reckless or negligent operation conviction carries two weeks to two years in jail, and/or $20 to $200 in fines.

License Suspension for Reckless or Negligent Operation in Massachusetts

Both types of convictions also carry a license suspension of at least 60 days for a first offense and at least one year for a second offense within three years.

Assessment Fees for Reckless or Negligent Operation in Massachusetts

For negligent operation, there's an additional $250 assessment.

Traffic Violation Points for Reckless or Negligent Operation in Massachusetts

Reckless driving will result in five points being assessed to the motorist's driving record. Negligent operation is a two-point offense.

Reckless Driving and OUI Charges ("Wet Reckless") in Massachusetts

In Massachusetts, it's possible for a driver who's charged with operating under the influence (OUI) (also called "driving under the influence," or DUI) to plea bargain for a lesser charge. When a DUI is plea-bargained down to a reckless driving charge, it's sometimes called a "wet reckless."

Talk to a Massachusetts Defense Attorney

The consequences of a reckless driving conviction in Massachusetts can be serious. If you've been arrested for or charged with reckless driving, get in contact with an experienced defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.