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What are consequences of Operating to Endanger (negligence)? Do I need an attorney?
Anonymous3 views2 answers
My 18 yr old son was on his way to high school and speeding (45-50 in a 30 mph zone). He lost control on a corner and spun out ending up 180º turned around after over-correcting in the skid. He is very lucky that he was not injured and no one else was, nor was the car damaged. However, an undercover police witnessed this and gave him a criminal citation for Operating to Endanger and a civil citation for Unreasonable Speed. He also took pictures of the skid. Accident is also checked although there was no real accident causing damage. He needs to appear in court. He is a great student, eagle scout, doesn't drink or smoke and only got his license and car within the last 2 months. I don't want this to impact him getting into college, jobs, insurance, etc if at all possible. What to do?
Operating to Endanger is a serious driving law offense in Massachusetts. Under Massachusetts law, operating to endanger is comprised of the following elements: 1) operation of a motor vehicle 2) on a public road 3) so as to endanger any person including the driver. The reasons for this criminal charge are typically:
1. Inattention
2. Excessive speed
3. Failure to a wear seat belt
4. Distraction inside the vehicle
5. Inadequate defensive driving techniques
6. Incorrect assumptions about other roadway users
7. Tailgating or not leaving enough space between vehicles
8. Driving while fatigued, angry, or impaired by alcohol or other drugs
9. Failure to check blind spot before changing lanes
10. Failure to allow enough time or space to merge, leave, or cross traffic.
Do not go to the hearing yourself.
This is a serious motor vehicle crime which leads to a suspension of your driver license/right to operate. There is no bright line test for operating to endanger which the police use as in drunk driving cases and the breathalyzer. Consequently, operating to endanger is a completely subjective crime based upon law enforcement observation of your driving behavior.
Lesser included suspensions associated with operating to endanger are: improper operation of a motor vehicle, complaint regulatory, medical complaint, and immediate threat. The statute which delineates the punishment for operating to endanger includes 60 days to two years jail time. Second offense has a minimum mandatory 60 days and two-year license loss.
The lawyer's initial goal is always to get the entire case dismissed or voided for lack of evidence at a clerk magistrate's (show cause) hearing. When a dismissal is not possible, the attorney will prepare to fight the case at trial, or negotiate for a Continuance Without a Finding (CWOF) to avoid having a guilty conviction on your record.
Your son needs a lawyer for this and one who is familiar with the defense of this charge.
There are numerous links on the internet for experienced attorneys in your area.
Good Luck.
Good Luck.
A conviction for negligent operation, aka operating to endanger, under G.L. ch.90, s. 24(2)(a) carries a possible penalty of not less than 2 weeks to not more than 2 years in the house of corrections and/or a fine of not less than $20 to not more than $200. A 1st offense conviction also carries a 60 day loss of license (and reinstatement fees charged by the RMV to get the license back at the end of the loss period). Note that only a conviction triggers these minimum incarceration periods and license loss periods; there are ways to resolve the charge short of a conviction and without going to trial.
Your son should retain the services of an experienced criminal defense attorney to analyze the strengths and weaknesses of the prosecutions case against him, identify all possible defense to the crime charged, and negotiate the best deal for your son should the matter be best resolved short of trial.
Best of luck,
