What Are Examples of Criminal Motor Vehicle Violations in Massachusetts?

In Massachusetts, motor vehicle violations are categorized as either civil infractions or criminal offenses. Criminal violations can result in severe legal consequences. Contact a Massachusetts criminal traffic violation lawyer at once if you are facing a criminal motor vehicle charge.

You may have wondered if a traffic stop in Massachusetts can have serious legal consequences, such as a misdemeanor or felony charge. In many cases, the answer to that question is yes.

Convictions for criminal traffic offenses in Massachusetts may result in a costly fine, loss of driving privileges, or incarceration. Convictions can create a criminal record that may make it challenging to find employment or housing, obtain a loan, or qualify for public benefits.

What Are the Most Common Criminal Motor Vehicle Violations?

Minor traffic violations in this state are classified as civil motor vehicle infractions. The most serious violations are categorized as criminal offenses, ranging from misdemeanors to egregious felonies, including:

1. Operating under the influence (OUI): In Massachusetts, a first offense is usually classified as a misdemeanor. Criminal penalties escalate significantly for repeat offenses. A third operating under the influence charge in Massachusetts is a felony charge.
2. Operating to endanger (negligent or reckless operation): It is a crime in Massachusetts to drive in a manner that might endanger the lives or safety of others. No accident has to occur. The prosecution must only prove that a defendant was driving negligently.
3. Leaving the scene (hit-and-run): The law requires drivers involved in collisions to stop and exchange their contact details. Leaving a crash scene with only property damage is a misdemeanor. Leaving the scene of a personal injury or a fatal accident is a felony.
4. Driving on a suspended or revoked license: Those operating a vehicle after the Registry of Motor Vehicles (RMV) has suspended or revoked their licenses may face criminal charges (and harsher penalties if the license was suspended for an OUI conviction).

What Are the Other Criminal Motor Vehicle Violations?

Other criminal motor vehicle violations in this state include:

1. Operating an uninsured motor vehicle: Driving without the state-mandated minimum insurance.
2. Refusal to submit to a police officer: Failing to stop or provide a license and registration when signaled by a law enforcement officer.
3. Attaching the wrong plates: Using license plates assigned to another vehicle to conceal a vehicle’s identity.

Convictions for criminal traffic violations carry harsh penalties, including jail terms, costly fines, criminal records that can affect employment, and license suspensions and revocations (from 60 days to a year or more), plus administrative suspensions for accumulating multiple offenses.

How Are Criminal Motor Vehicle Violations Handled?

The criminal traffic violation process in Massachusetts typically begins with the issuance of a Uniform Citation. Unlike a civil traffic ticket, which you can simply pay, a criminal citation requires you to take immediate legal action to avoid facing criminal charges.

For most misdemeanor motor vehicle offenses where no arrest was made, the defendant has a right to a Clerk Magistrate’s hearing. You have only four days from the date of the citation to request this hearing.

A Massachusetts criminal traffic violation attorney may dissuade a Clerk Magistrate from issuing a criminal complaint, effectively stopping the case before it results in a criminal record.

How Will Your Criminal Traffic Violation Attorney Handle a Criminal Complaint?

If the Clerk Magistrate issues a criminal complaint against you, the arraignment comes next. At your arraignment, the charge against you is formally read in court.

Following the arraignment, the attorneys for both sides exchange evidence and discuss potential plea deals or motions to dismiss. Defending a driver against a criminal traffic charge requires a Massachusetts criminal traffic violation lawyer to take several steps, including:

1. Helping you avoid a criminal record: At the Clerk Magistrate level, a lawyer’s main goal is to prevent a charge from being issued. If this is your first offense and your criminal traffic violation lawyer is successful, you will not have a criminal record.
2. Challenging the “no-fix” law: Massachusetts has a “no-fix” law, which requires a police officer to issue a citation at the time and place of the violation. If an officer fails to do this without a valid legal reason, your lawyer can move to have the entire case dismissed.
3. Negotiating with the RMV: Criminal traffic convictions often result in mandatory driver’s license suspensions. An attorney can represent you in RMV hardship license hearings to help you keep your ability to drive for work or medical reasons.
4. Evaluating evidence: Criminal traffic violation lawyers scrutinize evidence such as breathalyzer results, witness statements, and dashcam footage to identify violations of a defendant’s rights or factual inconsistencies that could lead to an acquittal.

What Else Should Massachusetts Motorists Know?

Convictions for both civil and criminal traffic violations add points to your driving record and boost your insurance rates. Criminal cases require defendants to make mandatory court appearances, unlike most civil motor vehicle infractions, which you can pay online or by mail.

When Should You Contact a Defense Attorney?

A criminal motor vehicle violation in Massachusetts is a serious legal challenge that can significantly impact your family and future. Because the window for taking appropriate action is only several days, immediate legal intervention is the most practical way to mitigate the damage.

Traffic-related criminal offenses require an aggressive defense strategy. You must be represented by a Massachusetts criminal traffic violation attorney who will prepare a comprehensive, vigorous, and effective defense on your behalf.

Contact The Law Office of Brian Simoneau

You should not even consider representing yourself against a criminal traffic charge. When someone is facing a criminal prosecution, a single mistake could lead to a conviction and a jail or prison sentence. Instead, contact The Law Office of Brian Simoneau.

Attorney Brian Simoneau defends clients charged with criminal traffic violations and assists drivers in obtaining hardship licenses or overturning license suspensions. Get the legal help you need. Call The Law Office of Brian Simoneau at 508-625-5776 to schedule a free case review.