Worcester Man Facing Motor Vehicle Homicide Charges for Accident at Franklin and Grafton Streets in Worcester
Of concern to the public is a motor vehicle collision the other night at Franklin and Grafton Streets in Worcester causing the death of a Worcester man. Another Worcester resident is facing motor vehicle homicide charges as a result of the accident. Motor vehicle homicide charges have different consequences under Massachusetts law, depending on the particular section that the police charge under, according to criminal attorney Shane W. Surrette of Worcester, MA.
For instance, the operable statute is Mass. General laws chapter 90 section 24G. Section 24G(a) is the felony branch of the statute and it requires a showing that the person charged operated his/her motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol content of .08 or above, and in a negligent or reckless manner, and by such operation caused the death of another. This section calls for a minimum mandatory sentence of one year to the house of correction.
If charged under section 24G(b), the misdemeanor branch of the statute, the Commonwealth may proceed on this charge by showing either that the individual operated his/her motor vehicle while under the influence of alcohol, drugs, or with a blood alcohol content of .08 or above, or in a reckless or negligent manner, and by such operation caused the death of another. Under this branch of the stature there is no minimum mandatory jail sentence.
As a result, which section you are charged under will determine what the Commonwealth must prove, as well as, whether or not there is a mandatory sentence.