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.
In Massachusetts, "reckless operation" has several parts (called "elements") that the prosecutor must prove to get a conviction. These elements are:
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.)
"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:
In other words, the third element doesn't require a showing that the motorist actually realized the hazards posed by his or her driving.
The penalties for a reckless or negligent driving conviction depend on the circumstances. But the possible consequences are described below.
A reckless or negligent operation conviction carries two weeks to two years in jail, and/or $20 to $200 in fines.
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.
For negligent operation, there's an additional $250 assessment.
Reckless driving will result in five points being assessed to the motorist's driving record. Negligent operation is a two-point offense.
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."
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.