To successfully represent an individual accused of motor vehicle homicide, a criminal defense lawyer should have a thorough understanding of how accident reconstructionists attempt to reconstruct fatal accidents and be capable of discrediting the conclusions of the state’s so-called expert.
Attorney Mahoney has not only obtained acquittals for two individuals charged with motor vehicle homicide, he has devoted an entire section of his new book, Relentless Criminal Cross-Examination, to instructing lawyers in successful cross-examination strategies for accident reconstructionists. He retains the very best accident reconstructionists, forensic photographers, and investigators available to assist him with his client’s defense. If you’re charged with motor vehicle homicide, give Attorney Mahoney a call at 617-492-0055 for a free consultation.
Motor Vehicle Homicide Overview
Motor vehicle homicide can be prosecuted either as a felony (where the motorist was allegedly both intoxicated and negligent) or as a misdemeanor (where the motorist was allegedly intoxicated or negligent). Unlike most crimes that require the Commonwealth to prove that the accused had an intent to commit a criminal act, misdemeanor motor vehicle homicide, where the motorist is being accused of negligence rather than intoxication, and driving to endanger require the Commonwealth prove only negligent operation of the motor vehicle. Although it is clear that the legislature did not intend to punish drivers who had been simply involved in an accident, District Attorney’s offices have been aggressively prosecuting motorists for accidents where they have little or no proof that the accused was driving recklessly or even inattentively. See, Callahan v. Lach, 338 Mass. 233, 235 (1958) (“The mere happening of an accident between a motor vehicle and a pedestrian, where the circumstances immediately preceding it are left to conjecture, is not sufficient to prove negligence on the part of the operator of the vehicle”). Nevertheless, to some prosecutors, that there was an accident demonstrates that there was criminal negligence.
Misdemeanor motor vehicle homicide is punishable by imprisonment in a jail or house of correction for not less than thirty days nor more than two and one-half years, or by a fine of not less than three hundred nor more than three thousand dollars, or both. Felony motor vehicle homicide is, obviously, more serious than misdemeanor homicide. It is punishable by imprisonment in the state prison for not less than two and one-half years or more than fifteen years and a fine of not more than five thousand dollars, or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and a fine of not more than five thousand dollars. To convict a defendant of felony motor vehicle homicide, the Commonwealth has to prove beyond a reasonable doubt that the accused:
- operated a motor vehicle;
- did so on a public way;
- while under the influence of intoxicating liquor or narcotics;
- in a negligent manner so that the lives and the safety of the public might be endangered or in a manner that is considered reckless; and,
- caused the death of another person. G.L. c. 90, §24G(a).
If a pedestrian or a motorist is killed in an accident, the State Police assign an accident reconstruction “expert” to investigate the accident and determine if charges are warranted. Some of these accident reconstructionists are fair, knowledgeable and fairly well educated. Others, are absolutely unqualified to investigate a minor fender-bender, never mind an accident where an individual was killed. These State Troopers may have an undergraduate degree or even a master’s degree, but to my knowledge none possess a Ph.D. in engineering or physics. Determining the cause of an accident from the post-accident detritus requires high intelligence, an ability to correctly distinguish roadway marks, such as skid marks and yaw marks, from one another, to accurately interpret their meaning and to apply the appropriate formula to reconstruct the accident. To the horror of some innocent individuals and their families, there is a State Trooper/accident reconstructionist who is not only incompetent, but more vigilante than disinterested investigator.
Attorney Mahoney has represented clients in the courts of Boston and Cambridge, and throughout Massachusetts.
