Motor Vehicle Homicide
An Overview of the Massachusetts Motor Vehicle Homicide Law

The Motor Vehicle Homicide Unit is made up of a team of Assistant District Attorneys who respond to serious motor vehicle crashes resulting in fatalities.  The Motor Vehicle Homicide Unit also responds to crashes resulting in near or possible fatalities.  The ADAs who respond to the scene work closely with the investigating police departments and the Crash Reconstruction Police Officers / State Troopers.  For example, an A.D.A. on scene has the best opportunity to view a potential crime scene and to offer guidance with respect to legal issues, culpability and evidentiary issues.  The Motor Vehicle Homicide Unit is on-call 24 hours a day.

Although fatal crashes are often caused by drunk drivers, fatalities are also caused by careless (or negligent) drivers, aggressive drivers, distracted drivers (texting) and pedestrian error. The District Attorney reminds drivers to use care and caution when operating a motor vehicle.

Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating wantonly or Recklessly Mandatory minimum 5 years and up to 20 years in state prison; plus fines*
Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs and While Operating Recklessly or Negligently Mandatory minimum 2 ½ years and up to 15 years in state prison or mandatory minimum 1 year and up to 2 ½ years in jail; plus fines*
Vehicular Homicide While Operating Under the Influence of Alcohol or Other Drugs or While Operating Recklessly or Negligently If sentenced to jail, not less than 30 days and up to 2 1/2 years in jail; plus fines*
Operating Under the Influence of Alcohol or Other Drugs While Operating Recklessly or Negligently and Causing Serious Bodily Injury Mandatory minimum 2 ½ years and up to 10 years in state prison or mandatory minimum 6 months and up to 2 ½ years in jail; plus fines*
Operating Under the Influence of Alcohol or Other Drugs and Causing Serious Bodily Injury Up to 2 ½ years in jail; plus fines*
*Also loss of license


2012 Summary of Motor Vehicle Homicide Unit Responses

Total known crashes All known serious crashes resulting in fatalities All known serious crashes resulting in serious bodily injuries Known Alcohol-related crashes
45
17
28
11


2011 Summary of Motor Vehicle Homicide Unit Responses

Total known crashes

 

All known serious crashes resulting in fatalities All known serious crashes resulting in serious bodily injuries Known Alcohol-related crashes
48
27
21
22


Helpful Safe Driving Tips

  • Do not drink and drive
  • Do not text while driving
  • Wear a seat belt
  • Adjust speed according to bad weather,
    darkness and road conditions
  • Obey traffic laws (speed, stop and yield signs,
    traffic lights, marked travel lanes)
  • Pay attention to surrounding traffic



Consequences of Unsafe Driving

  • Death
  • Serious / permanent injuries
  • License loss
  • Criminal Convictions
  • Legal fees, fines and surcharges