Massachusetts G.L. c. 90, § 24G: Motor Vehicle Homicide
If your charging documents reference G.L. c. 90, § 24G, you are facing motor vehicle homicide charges — one of the most serious charges that can arise from a car accident in Massachusetts. These charges carry the possibility of significant prison time, including mandatory minimum sentences in certain circumstances.
Understanding the specific theory under which you are being charged is critical because different subsections carry dramatically different penalties and defense strategies.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
We understand that if you are facing these charges, you are likely experiencing tremendous guilt, fear, and confusion — regardless of the circumstances that led to the accident.
For nearly 30 years, we have helped people facing serious motor vehicle charges navigate the legal system and work toward the best possible outcome. You deserve experienced representation to ensure your rights are protected.
Call (978) 969-2890 for a free consultation.
For nearly 30 years, we have helped people facing serious motor vehicle charges navigate the legal system and work toward the best possible outcome. You deserve experienced representation to ensure your rights are protected.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 90, § 24G Prohibit?
Massachusetts G.L. c. 90, § 24G criminalizes causing the death of another person through the operation of a motor vehicle. The statute provides for three distinct theories of prosecution, each with different elements and penalties.
The most serious theory, found in Section 24G(a), involves operating under the influence of alcohol or drugs while causing death through negligent or reckless operation. This carries a mandatory minimum sentence.
Section 24G(b) covers motor vehicle homicide without the mandatory minimum — either operating under the influence causing death through simple operation, or operating negligently so as to endanger lives causing death.
Section 24G(c) addresses reckless motor vehicle homicide — causing death through reckless operation without requiring proof of intoxication.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
Operation of a Motor Vehicle — You were operating a motor vehicle. This means you were in physical control of the vehicle.
Public Way or Place of Access — The operation occurred on a public way or place where the public has a right of access.
Negligent or Reckless Operation (or Under the Influence) — Depending on the theory charged, either that you operated under the influence of alcohol/drugs, operated negligently endangering public safety, or operated recklessly.
Causation of Death — Your operation caused the death of another person. The prosecution must prove the causal connection between your driving and the fatality.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense.
Operation of a Motor Vehicle — You were operating a motor vehicle. This means you were in physical control of the vehicle.
Public Way or Place of Access — The operation occurred on a public way or place where the public has a right of access.
Negligent or Reckless Operation (or Under the Influence) — Depending on the theory charged, either that you operated under the influence of alcohol/drugs, operated negligently endangering public safety, or operated recklessly.
Causation of Death — Your operation caused the death of another person. The prosecution must prove the causal connection between your driving and the fatality.
The Commonwealth must prove ALL of these elements. Weakness in any single element can be the foundation of your defense.
Penalties Under Massachusetts Law
Penalties vary significantly based on which theory of motor vehicle homicide is charged.
OUI Motor Vehicle Homicide — Section 24G(a) (Felony)
● Mandatory minimum: 1 year in jail
● Maximum: 15 years in state prison
● Fine up to $5,000
● License revocation: 15 years
● Not eligible for probation, parole, furlough, or work release until minimum served
● Maximum: 15 years in state prison
● Fine up to $5,000
● License revocation: 15 years
● Not eligible for probation, parole, furlough, or work release until minimum served
Motor Vehicle Homicide — Section 24G(b)
● Minimum: 30 days in jail
● Maximum: 2.5 years in state prison or house of correction
● Fine: $300 to $3,000
● License revocation: Up to 15 years
● Maximum: 2.5 years in state prison or house of correction
● Fine: $300 to $3,000
● License revocation: Up to 15 years
Reckless Motor Vehicle Homicide — Section 24G(c)
● Minimum: 30 days in jail
● Maximum: 2.5 years in house of correction or up to 5 years state prison
● Fine: $300 to $3,000
● License revocation possible
● Maximum: 2.5 years in house of correction or up to 5 years state prison
● Fine: $300 to $3,000
● License revocation possible
Collateral Consequences
● Permanent criminal record for homicide offense
● Long-term or lifetime license revocationIgnition interlock device requirements
● Employment restrictions (especially driving-related positions)
● Immigration consequences for non-citizens (deportable offense)
● Civil wrongful death lawsuits from victim's family
● Increased insurance rates or inability to obtain insurance
● Long-term or lifetime license revocationIgnition interlock device requirements
● Employment restrictions (especially driving-related positions)
● Immigration consequences for non-citizens (deportable offense)
● Civil wrongful death lawsuits from victim's family
● Increased insurance rates or inability to obtain insurance
Related Criminal Charges
● G.L. c. 90, § 24(1)(a): OUI — Often charged alongside motor vehicle homicide
● G.L. c. 90, § 24(2)(a): Operating to Endanger — Lesser included offense
● G.L. c. 265, § 13½: Manslaughter While OUI — More serious charge with 5-year mandatory minimum
● G.L. c. 90, § 24L: Serious Bodily Injury While OUI — Related offense for non-fatal injuries
● G.L. c. 90, § 24(2)(a½): Leaving the Scene — Often charged if defendant fled the accident
● G.L. c. 90, § 24(2)(a): Operating to Endanger — Lesser included offense
● G.L. c. 265, § 13½: Manslaughter While OUI — More serious charge with 5-year mandatory minimum
● G.L. c. 90, § 24L: Serious Bodily Injury While OUI — Related offense for non-fatal injuries
● G.L. c. 90, § 24(2)(a½): Leaving the Scene — Often charged if defendant fled the accident
Defending Against Motor Vehicle Homicide Charges
Motor vehicle homicide cases are often defensible because the prosecution must prove not only that you caused the accident, but that your operation was negligent, reckless, or impaired AND that this misconduct caused the death. Many accidents occur without criminal fault.
We work with accident reconstruction experts who can often demonstrate that the prosecution's theory of the crash is incorrect, that other factors caused or contributed to the accident, or that the death was not actually caused by your driving conduct.
In OUI-related motor vehicle homicide cases, we challenge the evidence of impairment using toxicologists and other experts who can show that blood alcohol or drug levels did not actually impair driving ability at the time of the accident.
Every case is different. The specific facts, the quality of the investigation, and the available evidence all affect what defenses may be available.
We work with accident reconstruction experts who can often demonstrate that the prosecution's theory of the crash is incorrect, that other factors caused or contributed to the accident, or that the death was not actually caused by your driving conduct.
In OUI-related motor vehicle homicide cases, we challenge the evidence of impairment using toxicologists and other experts who can show that blood alcohol or drug levels did not actually impair driving ability at the time of the accident.
Every case is different. The specific facts, the quality of the investigation, and the available evidence all affect what defenses may be available.
What To Do Right Now
If you have been charged under G.L. c. 90, § 24G, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890 — we answer 24/7.
We're Here To Help
Motor vehicle homicide charges are among the most serious you can face. The potential for prison time, including mandatory minimums, makes experienced legal representation essential.
For nearly 30 years, we have defended serious motor vehicle charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For nearly 30 years, we have defended serious motor vehicle charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
