Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Leaving the Scene (Hit & Run) under Massachusetts General Law Chapter 260 §4B as follows:
Section 4B. Actions of tort for bodily injuries or for death or for damages to property against the owner or operator of a motor vehicle, the operator of which failed to make himself or said owner known at the time of the accident or incident out of which such actions arise may, notwithstanding any provisions of law relating to limitations of actions, be commenced within six months after the plaintiff learns of the identity of the defendant; provided, that written notice of the time, place and facts of said accident or incident be given by the person injured or by someone in his behalf to the police and to the registrar of motor vehicles within thirty days after such accident.
No action shall be brought under this section after the expiration of three years from the date on which such accident or incident occurred.
The model jury instructions for use in the District Court requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: That the defendant operated a motor vehicle;
Second: That while the defendant was operating the vehicle, (he) (she) caused damage to another vehicle or property either by colliding with it or in some other way;
Third: That the defendant knew (he) (she) (had collided with another’s property) (or) (had in some way caused damage to another’s property); and
Fourth: That after causing such damage, the defendant did not stop and make known (his) (her) name, home address, and the registration number of (his) (her) motor vehicle. A person “operates” a motor vehicle not only while doing all of the well-known things that drivers do as they travel on a street or highway, but also when doing any act which directly tends to set the vehicle in motion. The law is that a person is “operating” a motor vehicle whenever he or she is in the vehicle and intentionally manipulates some mechanical or electrical part of the vehicle — like the gear shift or the ignition — which, alone or in sequence, will set the vehicle in motion.
To prove the first element, the Commonwealth must prove beyond a reasonable doubt that the defendant was operating a motor vehicle. A person “operates” a motor vehicle while doing all of the well-known things that drivers do as they travel on a street or highway, and also when doing any act which directly tends to set the vehicle in motion. A person is “operating” a motor vehicle whenever they are in the vehicle and intentionally manipulate some mechanical or electrical part of the vehicle — like the gear shift or the ignition which, alone or in sequence, will set the vehicle in motion.
To prove the second element, the Commonwealth must prove beyond a reasonable doubt that the defendant operated a motor vehicle on a public way. Any street or highway that is open to the public and is controlled and maintained by some level of government is a “public way.” This would include, for example, interstate and state highways as well as municipal streets and roads. In determining whether any particular street or road is a public way, you may consider evidence, if any, about whether it has some of the usual indications of a public way — for example, whether it is paved, whether it has streetlights, street signs, curbing and fire hydrants, whether there are buildings along the street, whether it has any crossroads intersecting it, and whether it is publicly maintained.
To prove the third element, the Commonwealth must prove beyond a reasonable doubt that the defendant was under the influence of intoxicating liquor, that is, alcohol, while operating a motor vehicle. What does it mean to be “under the influence” of alcohol? It is not illegal to drive after consuming alcohol as long as the operator is not under the influence of alcohol. However, neither does someone have to be drunk to be under the influence of alcohol. A person is under the influence of alcohol if they have consumed enough alcohol to reduce their ability to operate a motor vehicle safely, by decreasing their judgment, alertness, and ability to respond promptly and effectively to unexpected emergencies. It means that a person has consumed enough alcohol to reduce their mental clarity, self-control and reflexes, and thereby left them with a reduced ability to drive safely. The amount of alcohol necessary to do this may vary from person to person. You may rely on your own experience and common sense about the effects of alcohol. You should consider any believable evidence about the defendant’s alleged consumption of alcohol, as well as the defendant’s appearance, condition, and behavior.
To prove the fourth element, the Commonwealth must prove beyond a reasonable doubt that the defendant drove recklessly in a manner that might have endangered the lives or safety of other people. A person drives recklessly when they ignore the fact that their manner of driving is very likely to result in death or serious injury to someone, or they are indifferent to whether someone may be killed or seriously injured. It is not enough for the Commonwealth to prove that the defendant acted negligently — that is, acted in a way that a reasonably careful person would not. Rather, it must be shown that the defendant’s actions went beyond negligence and amounted to recklessness. The defendant was reckless if they knew, or should have known, that such actions would pose a grave danger of death or serious injury to others, but they chose, nevertheless, to run the risk and drive in the manner that they did.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.