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 Operating Under the Influence Causing Death under Massachusetts General Law Chapter 90, § 24G (b) as follows:
(b) Whoever, upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of.08 or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270, or whoever operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person, shall be guilty of homicide by a motor vehicle and shall be punished by imprisonment in a jail or house of correction for not less than 30 days nor more than 21/2 years, or by a fine of not less than $300 nor more than $3,000 dollars, or both.
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 the defendant did so (on a public way) (or) (in a place where the public has a right of access) (or) (in a place where members of the public have access as invitees or licensees);
Third: That while operating a motor vehicle, the defendant was under the influence of intoxicating liquor; and Fourth: That the defendant’s act(s) caused the death of another person.
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 March 2023 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’s act(s) caused the death of another person. This requires the Commonwealth to prove two things. First, the Commonwealth must prove beyond a reasonable doubt that the death would not have occurred but for the defendant’s act(s). The Commonwealth must prove that the defendant’s conduct was necessary to bring about the death. If the death would have occurred without the defendant’s act(s), the defendant is not responsible for that death. Second, the Commonwealth must also prove beyond a reasonable doubt that a reasonable person in the defendant’s position would have foreseen that their conduct could result in serious injury or death to a person. The Commonwealth does not have to establish that the defendant foresaw, or should have foreseen, the exact manner in which the injury occurred; but the Commonwealth must establish that the death was a natural and probable consequence of the defendant’s act(s).
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.