Massachusetts Motor Vehicle Homicide Lawyer

A motor vehicle homicide charge is one of the most serious cases a person can face in Massachusetts, carrying the possibility of a lengthy prison sentence even for someone with no prior record. Attorney Michael DelSignore defends motor vehicle homicide charges throughout Massachusetts, working closely with accident reconstruction experts to build the strongest available defense in cases involving a fatality.

Massachusetts Motor Vehicle Homicide charges are governed by Massachusetts General Laws Chapter 90, Section 24G. Depending on the circumstances, a driver can be charged with a misdemeanor or a felony.

A misdemeanor charge is brought when there is evidence that a driver acted recklessly or negligently, without evidence of impairment. To convict, the Commonwealth must prove beyond a reasonable doubt that the driver:

1. Operated a motor vehicle,
2. On a public way — a road or area where the public has a right of way,
3. And, while operating on the public way, either:
   • Had a blood alcohol level over .08 or was under the influence of drugs, or
   • Drove in a reckless manner, or
   • Drove in a negligent manner so that the lives and safety of the public might have been endangered,
4. And that this operation caused the death of another person.

Because the statute uses the word “or,” a misdemeanor charge based on impairment alone is rare. If the Commonwealth has evidence of both impairment and reckless driving, the charge will typically be brought as a felony instead. The penalty for a misdemeanor conviction is a 30-day mandatory minimum, up to two and a half years in the house of correction, along with a fifteen-year license loss imposed by the RMV.

A felony charge requires proof of both impairment and reckless or negligent driving. To convict, the Commonwealth must prove beyond a reasonable doubt that the driver:

1. Operated a motor vehicle,
2. On a public way,
3. And, while operating on the public way, had a blood alcohol level over .08 or was under the influence of drugs, AND drove in a reckless or negligent manner so that the lives and safety of the public might have been endangered,
4. And that this operation caused the death of another person.

A felony conviction carries a one-year mandatory minimum sentence, up to two and a half years in the house of correction, or a sentence of not less than two and a half years and not more than fifteen years in state prison. The charge may be brought in Superior Court, where potential prison time can increase. The statute does not allow for a continuance without a finding, and a conviction results in a fifteen-year license loss.

Any case involving the death of another person is emotionally difficult to defend, but it must still be approached objectively, looking closely at what the evidence can and cannot prove.

In cases involving alcohol or drugs, the Commonwealth must prove the driver was genuinely impaired — not merely that alcohol or drugs were present. This means showing that a substance reduced the driver's reflexes or alertness. The Commonwealth typically relies on field sobriety test results, breath test evidence, and officer testimony to make this case, all of which can be challenged through a motion to suppress and cross-examination.

Many motor vehicle homicide cases rely on testimony from an accident reconstruction expert, who attempts to establish reckless or negligent driving using tire marks, yaw marks, and witness accounts. This testimony is subject to cross-examination, and a defense attorney may be able to identify flaws in the expert's methods or conclusions. A defense team can also retain its own expert to present a competing explanation of how the accident occurred.

Most modern vehicles store internal data that can help reconstruct how an accident happened. In appropriate cases, a retained expert can use this data, along with AI-assisted accident reconstruction modeling, to recreate the crash and identify human factors — such as another driver's actions or limited visibility — that may have made the accident unavoidable.

A responding officer will sometimes attempt to offer an opinion about how an accident happened. Massachusetts law requires that anyone offering expert testimony be properly qualified by the court. An attorney may be able to exclude an officer's opinion testimony if the officer has not been qualified as an accident reconstruction expert.

These are not the only defenses available in a motor vehicle homicide case. Each case turns on its own facts and should be discussed directly with an attorney.

• Direct experience working with accident reconstruction experts, including modern crash-data and AI-assisted reconstruction methods
• Familiarity with challenging field sobriety test and breath test evidence in impairment-based cases
• Over 20 years defending serious felony charges throughout Massachusetts courts
• A focus on building the strongest available defense rather than assuming a case is unwinnable because it involves a fatality

• Gather any documents that may be relevant to the case, and share them only with the attorney handling the case.
• If alcohol use is alleged, begin treatment and remain engaged with it, even if impairment is disputed — this can matter regardless of how the underlying facts are ultimately resolved.
• Consider counseling to manage the stress of the case.
• Gather character letters and documentation of community service, military service, or other achievements.

These steps matter because they can support an attorney's efforts to negotiate a resolution, including a potential reduction or dismissal of the charge, where the facts of the case allow for it.

• Motor Vehicle Homicide in Massachusetts: 3 Things You Should Know
• Massachusetts OUI Motor Vehicle Manslaughter
• Negligent Operation / Reckless Driving in Massachusetts
• Motor Vehicle Offenses