The Boston Globe reported
that a Charlestown man will face charges of motor vehicle homicide and
operating under the influence after a crash on Soldiers Field Road in
Brighton early yesterday that killed a pedestrian. Police reported
that at about 3:00 a.m. the man was walking on Soldiers Field Road near
Everett Street. He was struck by a jeep driven by the defendant, a
twenty six year old Charlestown man. The defendant was arrested at the
scene and charged with motor vehicle homicide and OUI. The victim was
pronounced dead at the scene. Both the defendant and his twenty five
year old passenger were not injured. Read full story, Boston Globe November 17, 2008.
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Motor Vehicle Homicide in Massachusetts is a crime pursuant to Massachusetts General Laws Chapter 94 Section 24G.
The law states that anyone who operates a motor vehicle with a blood
alcohol level of .08 or higher or while under the influence of liquor
or drugs and operates a motor vehicle recklessly or negligently so as
to endanger the lives or safety of the public shall be guilty of motor
vehicle homicide. Punishment shall range from 1 year to 15 years. A
conviction under this section requires the person to serve at least 1
year of his or her sentence. The elements the prosecution must prove
beyond a reasonable doubt are (1) operation of a motor
vehicle, (2) upon a public way, (3) recklessly or negligently so as to
endanger human life or safety, (4) thereby causing the death of a
person. The legislative intent of this statute was to enact a law to
provide a middle ground between the felony of manslaughter and the misdemeanor of driving so as to endanger.
Our office has successfully handled motor vehicle
crimes on many occasions over the past twenty years. We often use
expert witnesses to show the jury that our client was not impaired by
the alcohol. We also use accident reconstructionists to demonstrate
that the accident was not our client’s fault if the facts support that
defense. The Crash Lab in Hampton, New Hampshire is a group with whom we frequently consult in cases such as this one.
If you have questions about a case such as this please call our office now.