• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

O'Brien Law Boston

  • Home
  • Criminal Defense
  • DUI
  • Drug
  • Attorneys
  • Contact
  • (617) 512-0939

Motor Vehicle Homicide Under the Influence: Understanding the Charge

Motor vehicle homicide under the influence is a serious felony in Massachusetts that carries a mandatory minimum sentence of 2 years in prison, and you could face up to 15 years. It is governed by Massachusetts General Laws Chapter 90 Section 24G(a), which provides that an individual who (1) operates a motor vehicle (2) on a public way (3) while under the influence of alcohol, drugs or glue vapors AND who does so negligently or recklessly (4) and causes the death of another person is guilty of this crime.

There must be proof BOTH that the defendant was intoxicated AND that he was negligent or reckless. Proof that the defendant was intoxicated does not in and of itself create any kind of a presumption of negligence or recklessness. However, if the defendant caused the death of another person EITHER while he was under the influence OR by recklessness or negligence, he can be found guilty of motor vehicle homicide, a separate crime governed by Massachusetts General Laws Chapter 90 Section 24G(b), which is punishable by a mandatory minimum of 30 days in prison and up to 2 years.

If you are convicted of either motor vehicle homicide under the influence or motor vehicle homicide, your license will be revoked for 15 years for a first offense and for life for a second offense. If you have been charged with either of these crimes, you need to contact an experienced criminal defense attorney as soon as possible. Francis T. O’Brien Jr. has more than 20 years of experience in criminal law. He is one of the best defense attorneys that Boston has to offer, and the sooner you call him, the sooner he can start building your winning defense. Call Attorney O’Brien today at 617-512-0939.

Primary Sidebar

Contact Attorney O’Brien

617 512-0939

fob@obrienlawboston.com

O’Brien Law Boston, P.C.

Boston Office
Suite 602
10 Tremont St
Boston, MA 02108

Hingham Office
738 Main Street
Hingham, MA 02043

OUR PRACTICE AREAS

  • Assault
  • Burglary
  • DUI
  • OUI
  • Drug Possession
  • Drug Trafficking
  • Clerk’s Hearings
  • Restraining Orders

BOSTON CRIMINAL DEFENSE LAWYER VIDEO

https://youtu.be/Hf-R3xR7TR8

Footer

Criminal Defense Lawyer

To speak with a highly experienced Boston criminal lawyer, contact us online or telephone Francis T. O’Brien, Jr. at O’Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. As a member of the Massachusetts and Florida state bars and the federal bar in Massachusetts, Mr. O’Brien has also represented clients on criminal, state and federal matters in more than twenty states.

  • Our Criminal Defense Blog
  • Criminal Cases We Handle
  • Criminal Trial Reports
  • Boston Criminal Lawyer Clerk’s Hearing Reports
  • Boston Criminal Lawyer News
  • Criminal Defense Resources
  • Boston Criminal Lawyer Video

OUR PRACTICE AREAS

  • Assault
  • Burglary
  • DUI
  • OUI
  • Drug Possession
  • Drug Trafficking
  • Clerk’s Hearings
  • Restraining Orders

CONTACT US

617 512-0939
fob@obrienlawboston.com

    OUR OFFICES

    Boston Office
    Suite 602
    10 Tremont St
    Boston, MA 02108



    Hingham Office
    738 Main Street
    Hingham, MA 02043

    Recent Posts

    • New DUI / Drunk Driving Laws May Be Coming in State Budget
    • Criminal Defense Lawyer Covid 19 / Coronavirus Policy Page
    • Ineffective Assistance of Counsel May Be Grounds for Withdrawal of Guilty Plea
    • Massachusetts High Court Strikes Down Mandatory Sentence of Life Without Parole For Juveniles
    • Speedy Trial: A Guaranteed Right Or An “Either/Or” Choice?

    Copyright © 2022 · O'Brien Law Boston, P.C. Attorney Francis T. O’Brien Jr. brings over thirty years of criminal defense experience in the field, and is one of the most well respected Boston criminal lawyers currently practicing today.