Motor Vehicle Homicide
Motor vehicle homicide is one of the most serious crimes which the average person can be charged with committing in Massachusetts. In addition to being an extremely serious criminal offense the charge carries an extended loss of license on conviction that will cause serious hardship on any individual convicted. There are generally two types of motor vehicle homicide each is discussed below.
Non-OUI or misdemeanor motor vehicle homicide. In order to be found guilty of Non-OUI or misdemeanor motor vehicle homicide the Commonwealth must prove the following elements:
- That a motor vehicle was operated;
- That this was done on a public road or road open for public use;
- That the operation was negligent and endangered the lives or safety of the public; and
- That this caused the death.
Most of motor vehicle homicide cases use an accident reconstructionist, often a state trooper, to establish that the defendant was operating a motor vehicle negligently and in violation of the law. A comprehensive investigation of the facts and circumstances of the accident must be completed. Thereafter, Attorney Erickson will likely use an accident reconstructionist to determine if the opinion of the Commonwealth's accident reconstructionist is sound.
Motor vehicle homicide while operating under the influence of intoxicating liquors. Motor vehicle homicide while operating under the influence of intoxicating liquors is even more serious. If convicted the defendant will likely face a mandatory jail sentence. The case involves the above analysis and additionally reviewing the facts to determine if it can be proved that the defendant was operating his motor vehicle while the person was under the influence of intoxicating liquor.
Given the seriousness of these cases they need to be heavily investigated and only after this can a decision be made whether to try the case or to resolve it in some other way.