Vehicular Crimes

September 24, 2024

What Are the Penalties for Driving with an Expired or Suspended License in Massachusetts?

In Massachusetts, driving with an expired or suspended license is a serious offense that can result in significant penalties, including fines, additional license suspension, and even jail time. Understanding the legal ramifications of these violations is essential for anyone who finds themselves facing such charges.

The Difference Between Expired and Suspended Licenses

Expired License: An expired driver’s license means that the validity period has lapsed, and the license is no longer legally acceptable for driving until it is renewed. Driving with an expired license is generally seen as a less severe offense compared to driving with a suspended license.

May 2, 2023

Over 27,000 Massachusetts Drunk Driving Convictions Called Into Question

by Altman & Altman

If you were convicted of drunk driving in Massachusetts, you may qualify for a second chance. The Massachusetts Supreme Judicial Court (SJC) ruled in April that due to problems with certain breath test machines — and the state’s handling of the issue — around 27,000 people can request to withdraw their guilty plea or seek a new trial.

The ruling follows an investigation revealing that breathalyzers used in a Massachusetts forensic testing lab may have malfunctioned over a period of nearly eight years, leading to potentially faulty results. Citing “egregious government misconduct,” the SJC ruled that alcohol breath tests performed on the devices between June 1, 2011 and April 18, 2019 must be excluded from criminal prosecutions.

Misconduct at State Testing Lab

May 2, 2023

What are the Criminal Consequences of Leaving the Scene of an Accident in Massachusetts?

by Altman & Altman

If you have a car crash in Massachusetts, you are legally required to stop your vehicle and exchange information with the other parties involved. But drivers sometimes leave the scene of an accident for a variety of reasons: they are unaware of the collision, they have issues with their insurance or driver’s license, or they simply panic and drive away.

While you may know you should stop at the scene of an accident, what happens if you don’t? Hit and run violations can have potentially serious consequences including traffic tickets, suspension or loss of your driver’s license, legal fines, probation, and even jail time. The exact criminal penalties for leaving the scene of an accident in Massachusetts depend on the specifics of the crash, including what kind of damage or injury occurred.

What Constitutes a Hit and Run in Massachusetts?

November 4, 2021

Applying for a hardship license in Massachusetts

by Altman & Altman

We often get the question here at Altman and Altman LLP, if I have lost my Massachusetts drivers license due to a criminal or motor vehicle infraction, am I eligible to apply for a hardship license? In general (though with some exceptions) the answer is yes. There are two instances where the hardship license is unlikely to be granted are as follows: If someone is serving a license suspension for refusing a breathalyzer test it is an uphill battle and very unlikely, In addition if someone had their license suspended for negligent or reckless homicide the answer is generally not likely as well. However, other than these two examples if you/we can make a compelling case for a hardship license you have a real chance to be granted the license. We have found that applying for a hardship license in Massachusetts is often not a futile or a time wasted process.

The best case scenario is that the Massachusetts Board of Appeals grants you a hardship license. The worst case scenario is that you are denied the hardship license, but the Board advises you as to why they are inclined to deny your request at this time. They will provide you/us with valuable information for the next time we apply for the license. For example, the Board may have wanted to see more of a work or family need for the hardship license to be issued, or the Board may have wanted to see the additional engagement of driving classes or courses. While there is some risk that that Board of Appeals will not permit you to re-apply for a certain period of time, we have found that they can be reasonable in that time frame, if they give any time constraints at all.

In our dealings with MA Board of Appeals and/or the DMV/RMV we have found them to be very understanding of one’s true need to have his or her driver’s license. This seems especially true in these pandemic/post pandemic times. While having a MA drivers license is a privilege and not a right. for many people not having the right to drive can be debilitating and potentially career threatening. Whether it be for employment, medical issues, or general family life, not having a driver’s license can be life altering. If we can successfully prove to the board that that you are not a danger to the public, that you have taken adequate steps to ensure that the reason you were suspended in the first place would likely not re-occur and if you have a true hardship, we believe that there is a reasonable chance that you will be granted a hardship license. That said, every case is taken on a case by case basis. But there should be a sense of optimism in obtaining a hardship license when going before the Board of Appeals. If you have questions about your potential hardship case, give us a call to talk with one of our experienced Massachusetts criminal defense lawyers.

July 20, 2020

What to expect at a clerk magistrates hearing in Massachusetts

by Altman & Altman

Who is a clerk’s hearing available to?

A Clerk’s Magistrate Hearing, also known as a Show Cause Hearing, is an incredible opportunity for you to prevent a criminal case from appearing on your criminal record (CORI). You will receive a notice to appear for a clerk’s hearing if you were not arrested and brought in for arraignment. This is common for misdemeanor charges and for felonies for which the officer chooses not to arrest you on-site, or for crimes in which an officer was not actually present. The most common clerk’s hearing occurs in response to a Motor Vehicle Citation, or speeding ticket. In this case, you will not receive a notice to attend. Instead it is your responsibility to go to the court within four days of receiving the ticket. A clerk’s hearing occurs in lieu of an arrest when civilians ask the court to bring a criminal charge against you. Massachusetts law requires that, if the officer does not arrest you, the officer ask the court to notify you before a complaint is filed against you. You will then be issued the notice before you are formally charged. The notice typically comes in the mail. Many respondents see this as an indication that the matter is not serious. This is not the case.

What happens at the hearing?

January 21, 2020

New Massachusetts Phone Ban While Driving Takes Effect Soon.

by Altman & Altman

Governor Charlie Baker recently signed into law a new ban on using cellphones and other electronic handheld devices while driving. When it takes effect, it will change the rules of the road in Massachusetts for good – and has plenty of implications that are important to learn. Even without this law in effect yet, if you are involved in a vehicular accident where the other person was using a cell phone or other device, contact Altman & Altman LLP right away to get working on a claim.

What to know about the new law

The new ban on cell phones and electronic devices will go into full effect on February 23 – 90 days after it was passed through the legislature and signed into law by Governor Baker. However, motorists will receive warnings for their first violation until April 1, as a grace period will bridge the gap between the law going into effect and being fully enforceable by law enforcement officers.

To simplify the language of the law, it will effectively ban the use of any electronic device that takes your hands and attention away from focusing on the task of driving safely. This means that in order to call somebody or use other features of a cellular device, you will need to have a hands-free system of some sort – such as Bluetooth – set up within the vehicle, so you can activate it with buttons on the car’s steering wheel or through voice activation. The law does allow for so-called “single tap or swipe” actions to activate hands-free modes, if necessary.

The law bars drivers from reading text messages, continues existing prohibition on texting while driving and restricts motorists from looking at pictures or videos while driving – with the one major exception being apps used for navigation, like Google Maps or other GPS services. However, the phone must be mounted in a location that doesn’t obstruct the driver, such as in the corner of the windshield, on the dashboard or in the center console.

In addition to the new specifically prohibited actions, the law also allows for use of handheld electronics in a few specific instances, including:

Emergency situations where a call must be placed for medical attention, or an emergency call put in to police or fire departments
Situations where you are reporting a motor vehicle accident or disabled vehicle that you have witnessed
First responders who are on duty and driving emergency service vehicles are exempt from the law
Situations where the motorist is at rest, completely stationary, and not in an active lane of travel – meaning you cannot use your phone while simply stuck in traffic

Violations of the law can result in being pulled over by a police officer – which will result in a $100 for the first offense. Repeat offenders can be charged $250 for the second violation and $500 for the third and each subsequent offense. Additionally, the third violation and beyond will have consequences on your car insurance rates. Those with more than one violation will be mandated to complete a distracted driving program.

Contrary to some belief, the law does not apply to bicyclists, and it applies only to motor vehicles. Continue reading

August 23, 2018

Potential Consequences of Texting While Driving in Massachusetts

by Altman & Altman

Since 2010, it has been illegal to text while driving in MA. And although drivers in MA were still permitted to talk on their cell phones for the next six years, a complete ban on the use of hand-held devices while driving was passed in 2016. The ban not only applies to cell phones; drivers are prohibited from entering information into a GPS, or any other hand-held device.

Currently, the fines for violating this law are $100 for the first offense, $250 for the second offense, and $500 for the third offense.

“Although traffic accidents and deaths are dropping, the number of accidents that are caused involving cell phones are going up,” said Senate President Stan Rosenberg, D-Amherst. “A lot of people’s lives are being put in danger as a result of people who are using their cell phones, and it’s just time to sweep that source of problem off the table here.”

And make no mistake, police are enforcing these laws. A MA motor vehicle accident attorney can help you determine how to proceed if you’ve been injured due to another’s negligence.

Fines Aren’t the Only Potential Consequence of Texting While Driving

Getting stopped for texting while driving often leads to other violations of safe driving laws. In fact, this is a likely motivation for police to stop a driver that they suspect of texting. The distracted driver might also be intoxicated, driving recklessly, or in possession of drugs or an illegal firearm. Other potential consequences of texting while driving include:

An increase in insurance premiums. Many insurance carriers use points for texting while driving to raise premiums.
Criminal penalties. If texting while driving leads to serious injury or death, the driver may face criminal charges.
A guilty conscience. Just think about the guilt you would feel if someone was seriously injured or killed while you were texting something as insignificant as “see you soon.”

Texting while driving can be devastating for everyone involved. A Boston car accident lawyer can help you recover damages if you’ve been injured due to another’s negligence.

Distracted Driving Statistics

Hundreds of thousands of people are injured in distracted-driving accidents in the United States each year. The statistics below illustrate the severity of this growing problem.

According to the National Safety Council, 1.6 million annual crashes involve cell phone use.
Texting while driving leads to 390,000 injuries annually.
One out of every four motor vehicle accidents in the U.S. involves texting.
You are six times more likely to have an accident due to texting than driving drunk.
Responding to a text typically diverts your attention from the road for at least five seconds.
Texting is the most dangerous of all cellphone-related activities.
According to a AAA poll, 35% of teens admit to texting while driving, even though 94 percent acknowledge it’s dangerous.
In 21 percent of fatal teen driving accidents, a cell phone was involved.
Teens are four times more likely than their adult counterparts to get into texting-related accidents.

July 17, 2018

Driver’ Was Watching Hulu During Deadly Accident Involving Self-Driving Uber, Criminal Charges May Follow

by Altman & Altman

Earlier this year, an Arizona woman was killed when she was struck by an Uber self-driving test vehicle. Elaine Herzberg was crossing a Tempe street with her bicycle when the tragic accident occurred. In response, Uber immediately pulled all self-driving test vehicles from cities nationwide.

Although the Uber test vehicle was in autonomous (self-driving) mode when the fatal crash occurred, there was a human operator behind the wheel in case of an emergency. According to the Tempe Police Department, Rafaela Vasquez was watching Hulu when she was supposed to be watching the road. Police also commented that the crash was “entirely avoidable.”

Was it Criminal?

Tempe police were able to obtain records from the online service that was monitoring the autonomous Uber. Records showed that Vasquez was streaming “The Voice” for approximately 40 minutes, stopping at exactly 9:59 p.m., which also happens to be the “approximate time of the collision.” In addition, police say she took her eyes off the road for nearly seven of the 22 minutes leading up to the collision.

These findings were submitted to prosecutors, and criminal charges—such as vehicular manslaughter—may follow. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with vehicular manslaughter or any other crime.

What is Vehicular Manslaughter?

The definition and penalties vary somewhat from state to state, but manslaughter is generally defined as the non-premeditated killing of one person by another. In MA, vehicular manslaughter falls under one of two categories—involuntary manslaughter or motor vehicle homicide.

Involuntary manslaughter occurs when an individual unintentionally kills another while engaged in some form of reckless or wanton conduct. Reckless driving that leads to the death of another could be charged as involuntary manslaughter. In MA, punishment for involuntary manslaughter can be up to 20 years imprisonment.
Motor vehicle homicide, on the other hand, usually involves driving under the influence of drugs or alcohol. In MA, all motor vehicle homicide convictions carry a 15-year license suspension, up to a lifetime revocation (if you have a prior OUI conviction). If convicted of motor vehicle homicide, you may be facing up to 15 years in prison.

Wrongful Death

In addition to potential criminal charges, a civil wrongful death claim may be brought against both Vasquez and Uber. Although Uber has not commented, the ride-share giant claimed to be initiating a “top-to-bottom safety review” last month.

“We continue to cooperate fully with ongoing investigations while conducting our own internal safety review,” said an Uber spokeswoman. “We have a strict policy prohibiting mobile device usage for anyone operating our self-driving vehicles. We plan to share more on the changes we’ll make to our program soon.” A MA criminal defense attorney can help you protect your rights if you’ve been charged with a crime.

Although three drivers have been killed in Tesla Autopilot vehicles since 2016, the death of Elaine Herzberg was the first non-driver fatality involving a self-driving vehicle. Continue reading

May 16, 2018

Drunk Driving with a Child in the Car – What Consequences are You Facing?

by Altman & Altman

Driving while drunk or under the influence of drugs is a criminal offense with serious penalties in MA. But if you are arrested for OUI with a child in the car, those penalties are likely to be significantly harsher. You may even face additional charges. Case in point – a West Virginia woman is facing felony charges for child neglect following her drunk driving arrest; she had an 18-month old in the car with her at the time of the arrest.

Getting an OUI conviction with a child in the car typically carries more serious consequences. As with all criminal offenses, however, penalties vary widely based on a variety of factors. If you have no prior criminal history and you were barely above the legal limit, for example, you will likely face a lesser charge than an individual with a criminal history and high blood alcohol content (BAC). If you have previously been convicted of multiple OUIs, you may be facing a felony charge, even without having a child in the car. But the presence of a child will almost certainly result in more serious charges.

To be safe, you should never drink and drive, especially with children in the car. But if you make a mistake, it is in your best interest to hire a Boston criminal defense attorney immediately.

OUI with Child Endangerment

In 2005, it became a separate criminal offense to operate a motor vehicle under the influence of alcohol with a child under 14 in the car. It was enacted as part of Melanie’s Law, legislation intended to enhance OUI-related penalties. If you have been charged with OUI with child endangerment, you may be facing the following penalties:

First offense – Up to two-and-a-half years in jail, with a minimum of 90 days. Fines of up to $5,000 and a one-year license suspension.
Second and subsequent offenses – Up to two-and-a-half years in jail, with a minimum of six months. Fines of up to $10,000 and a three-year license suspension.

If your actions place a child in danger of physical or emotional harm – whether negligently or intentionally – child endangerment charges may follow. In addition, the Department of Children and Families (DCF) may get involved to assess whether it would be in the children’s best interests to be removed from the home and placed in foster care.

A DCF investigation may also occur if no children were present in the car at the time of your arrest. If DCF believes that your actions may jeopardize the health and safety of your children, they can conduct an investigation even if your offense didn’t directly involve a child. In either case, it is essential to seek the help of experienced legal counsel. A MA criminal defense attorney can help you protect your rights if you have been charged with OUI with child endangerment or any other crime. Continue reading

April 2, 2018

RETIRING BOSTON FIRE FIGHTER IS ARRESTED FOR OUI DOES NOT GO QUIETLY

by Samuel Goldberg

Hello again! How was your holiday weekend?

Well, the chances are that it was better than that of Sean Ingram, the 64-year-old retiring fire fighter in Boston and hereinafter, the “Defendant”. He is the gentleman who was arrested Thursday night after “ purposefully crashing into a state police vehicle and calling troopers “Nazis” while failing field sobriety tests”, according to WCVB ,

It was one day prior to his reaching the mandatory retirement age according to the fire department. Instead He was scheduled to retire, instead the day was spent in an Arraignment and fighting to be released on $500 bail on various motor vehicle crimes.

It was the reportedly the Defendant’s second OUI.

It was State Trooper Brendan Murphy who first pulled the Defendant’s vehicle over on the Expressway. The stated cause for the stop was reportedly that the officer had noticed damage on Ingram’s front bumper.

In his arrest report, Murphy wrote that he instructed the Defendant to pull off the highway and then returned to his own vehicle. Murphy then noted that the Defendant sped away at a high speed and swerved between lanes before exiting onto Gallivan Boulevard, stopping in front of the Walgreens. The Defendant is said to have then put his vehicle into reverse and accelerated into the front of the trooper’s cruiser.

Trooper Murphy went on to describe how he asked the Defendant if he was ok and that the Defendant shouted, “’No,’ and began yelling how I rear-ended him. I explained to him that he reversed into my cruiser, which he intensely called me a loser and began to become belligerent.”

Apparently, the trooper called for back-up. “When I reached the open window, I immediately detected the strong odor of an alcoholic beverage,” Sgt. Kevin Murray wrote in his report on the arrest. He described the Defendant as becoming “very belligerent” and “raising his voice and swearing” when asked about what had happened. He reported that the Defendant had told him that “he had attended the Bruins hockey game earlier that evening and that he had consumed some alcohol”.