Boston Motor Vehicle Offenses Attorney
Being charged with a motor vehicle offense can be a cumbersome situation for anyone, especially if the person charged relies on their ability to legally operate a motor vehicle on a daily basis. At Kelly & Soto Law, our criminal defense attorneys are versed in representing individuals that are charged with crimes involving motor vehicles and will work tirelessly to ensure your ability to legally drive in Massachusetts.
What are Motor Vehicle Offenses?
There are several crimes in Massachusetts that fall under the rubric of motor vehicle offenses. These include but are not limited to the following: driving without a license; operating a motor vehicle after revocation or suspension; driving and unregistered motor vehicle; and driving an uninsured vehicle.
For a full list of Motor Vehicle Offenses, refer to Chapter 90 of Massachusetts General Laws.
These offenses carry with them criminal sanctions, civil sanctions or both. If you have been charged with any of the above offenses, call Kelly & Soto Law for a solid criminal defense team that can get you the most beneficial results possible.
How Do I Defend Against these Types of Charges?
As with any criminal case, in order to be convicted of any of the foregoing offenses, the prosecution must prove every element of the offense. Many of the offenses require the accused to be operating a motor vehicle on a public way. As such, if the accused was operating on a private way, than the Commonwealth would be unable to prove an essential element of the crime.
Many of the offenses require an individual to be operating a motor vehicle. By definition a motor vehicle is any vehicle constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle. This definition does not include, motorized bicycles, trains, and certain farm equipment, along with other types of modes of transportation. As such, if the accused was operating a moped, and the offense required operation of a motor vehicle, the prosecution would not be able to prove that element of the crime.
Finally, many of the offenses require that one must be operating a motor vehicle. But what does that mean? What does operating a motor vehicle require? The term “operate” was defined through case law. The model jury instructions define “operate a motor vehicle as follows: “A person ‘operates’ a motor vehicle not only while doing all of the well-known things that drivers do as they travel on a street or highway, but also when doing any act which directly tends to set the vehicle in motion. The law is that a person is “operating” a motor vehicle whenever he or she is in the vehicle and intentionally manipulates 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.” Therefore a person cannot be charged with operating a motor vehicle if the keys are not in the ignition, for example.
So, if you or anyone you know has been criminally charged with a motor vehicle offense, call Kelly & Soto Law for top- of-the-line representation. Our team of motor vehicle defense attorneys will give your case the attention to detail and advanced analytic skills you’ve come to expect from an experienced criminal litigation team. Our attorneys are available 24/7 and will travel to you. We would also be pleased to offer you a free case consultation and fee quote.
Call us at 617.807.0840. Our office is located in the heart of Boston’s Government Center and we serve all of Massachusetts. Give us a call today and ask to speak with one of our criminal defense attorneys.
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