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Attorney Brian Simoneau is a great lawyer. He is very versed on the current laws and he will help you convey a well organized winning case. I would highly recommend him.
James F.
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Massachusetts Negligent Operation of a Motor Vehicle Attorney

In Massachusetts, operating a motor vehicle negligently is a misdemeanor criminal offense. You’ll need advice and representation from a Massachusetts negligent operation of a motor vehicle attorney at The Law Office of Brian Simoneau.

Unlike a reckless operation or reckless driving charge, which requires the state to prove you intentionally disregarded lives or safety, a negligent operation charge only requires the state to prove you were careless or distracted. You can face formal charges even if no accident occurred.

What Constitutes Negligent Operation of a Motor Vehicle?

To convict you of the negligent operation of a motor vehicle under this state’s legal system, a prosecutor must prove:

  1. You drove a motor vehicle.
  2. You were on a public road or a location where the public has a right of access.
  3. You drove in a way that a reasonable person in similar circumstances would not.

How Are Convictions Penalized?

If you are convicted of the negligent operation of a motor vehicle, the potential penalties for a first offense include:

  1. a misdemeanor criminal conviction on your record
  2. a mandatory 60-day driver’s license suspension (and up to 1 year for subsequent offenses)
  3. from 2 weeks to 2 years in a House of Correction
  4. a fine from $20 to $200, plus fees and assessments
  5. costlier insurance rates and surcharge points on your driving record

How Will The Law Office of Brian Simoneau Assist You?

In many negligent driving cases, rather than being placed under arrest, a defendant will receive a citation in the mail and have only four days to request a Clerk Magistrate hearing. If you receive a citation, call The Law Office of Brian Simoneau immediately at 508-625-5776.

The Clerk Magistrate hearing is where you and your Massachusetts negligent operation of a motor vehicle lawyer can end the case before it begins. Attorney Brian Simoneau will explain why the Magistrate should not issue a criminal complaint.

If his explanation persuades the Magistrate, the charge is dismissed and never appears on your criminal record. If the Magistrate issues a criminal complaint and the case moves to court, your attorney may negotiate for a CWOF (continuance without a finding), dismissal, or pre-trial probation.

How Does a CWOF Work?

When your Massachusetts negligent operation of a motor vehicle lawyer obtains a CWOF, you admit there are enough facts to find you guilty, but the court doesn’t enter a guilty finding. Pursuant to G.L. c. 278 § 18, or G.L. c. 90 § 24D, which applies to DUI cases, the case is continued for a pre-determined probationary period. If you adhere to the CWOF requirements, the case is dismissed. 

If your attorney successfully negotiates for pre-trial probation, you won’t have to admit to anything. You agree to adhere to certain requirements for a probationary period, after which the charge is dropped. 

Charged With Negligent Operation? Schedule a Free Consultation

Should your case go to trial, your Massachusetts negligent operation of a motor vehicle attorney will identify weaknesses in the prosecution’s case and cast doubt on the police officer’s testimony.

Possible causes for seemingly inattentive driving, such as adverse road or weather conditions or a vehicle malfunction, may be presented by Attorney Brian Simoneau. If you are deemed negligent, he will ask the court to consider alternative sentencing options.

Attorney Brian Simoneau represents clients in negligent driving cases, license suspension cases, and other matters involving the Massachusetts Registry of Motor Vehicles. To schedule a free consultation or learn more, call 508-625-5776 to reach The Law Office of Brian Simoneau.