Operating to Endanger

Skilled Boston Criminal Defense Lawyer Dedicated to Defending Drivers Against Serious Motor Vehicle Offenses

A charge for operating to endanger in Massachusetts doesn’t require an accident, injury, or even damage—just a police officer’s opinion that your driving created a risk to the public. You might not even realize you did anything wrong until a criminal traffic violation arrives in the mail. These cases are often built around vague or subjective observations, which makes them easier to charge but harder to define. At the Law Office of Patrick J. Murphy, we understand that a single moment behind the wheel shouldn’t ruin your record. With over 27 years of experience, Attorney Murphy has helped Boston drivers challenge these charges and avoid the lasting consequences of a criminal conviction.

What Does “Operating to Endanger” Mean Under Massachusetts Law?

Massachusetts General Laws Chapter 90, Section 24 refers to this charge as “negligent operation of a motor vehicle so as to endanger the lives or safety of the public.” That includes behavior like:

• Swerving or drifting between lanes
• Driving too fast for conditions
• Failing to yield or stop appropriately
• Speeding through residential or school areas
• Making unsafe or abrupt turns

Police can charge you even if no one was hurt and no accident occurred. All that’s required is the claim that your driving was dangerous enough to potentially cause harm.

Why It’s More Than Just a Traffic Violation

Unlike a speeding ticket, operating to endanger is a criminal misdemeanor. That means the case will go through criminal court, not just traffic court—and the impact can extend far beyond the RMV.

Convictions for this offense carry the possibility of jail time, and the charge will show up on CORI background checks used by employers, landlords, and licensing boards. For junior operators, a conviction may also lead to automatic license suspension and mandatory driving courses.

Even if jail time isn’t likely, the charge itself can create headaches with your insurance company and limit job opportunities if not handled properly.

Consequences That Go Beyond the Courtroom

If convicted of operating to endanger, the penalties you face will depend on your driving history, the circumstances of the alleged offense, and whether anyone was injured. While jail is legally possible (up to two years), most first-time offenders receive probation, court costs, and a temporary license suspension.

Still, a conviction triggers a record—and that can mean higher insurance premiums, potential loss of commercial driving privileges, and a major headache if you apply for jobs that require a clean background.

Junior Operators (under 18) face some of the strictest consequences. Even a first offense results in a mandatory 180-day license suspension, a state-imposed driver attitude course, and costly reinstatement fees.

How These Cases Often Begin—and How to Respond

Police frequently issue this charge following a car crash or roadside stop. In many cases, they tack it on to another traffic violation like speeding, red light violations, or alleged distracted driving. Sometimes it’s the only charge filed after a minor accident—especially if officers want to assign fault but don’t have clear evidence of another offense.

You may receive a criminal citation in the mail, rather than being arrested. If that happens, you have only four days to request a clerk magistrate’s hearing. This hearing gives you a chance to stop the charge before it turns into a criminal complaint. Attorney Murphy frequently helps clients resolve these cases at this early stage, often keeping the entire matter off the record.

Legal Strategies to Challenge the Charge

Every case is different, but common defenses include:

No actual risk to the public. The prosecution must prove that your driving endangered others—not just that it was fast or aggressive. If no one was around or affected, the case may fall short.

Officer’s judgment was flawed or inconsistent. Without video or third-party witnesses, these cases often rely solely on one officer’s account. That opens the door for cross-examination and contradiction.

Unavoidable driving behavior. Poor weather, evasive action to avoid a collision, or sudden mechanical issues may explain what appeared to be erratic driving.

Minimal or no driving history. Courts often show leniency to first-time offenders, especially if your overall record is clean and there was no injury or damage.

Attorney Murphy will review all reports, available footage, and your driving record to craft the strongest possible defense—or negotiate for a reduction that avoids a criminal outcome.

Protect Yourself So You Don’t End Up with a Record That Follows You

Operating to endanger charges are deceptively serious. What may feel like a routine traffic stop can turn into a criminal record that lingers long after your court date. If you’ve been cited, now is the time to take the next step—before the court does. Call the Law Office of Patrick J. Murphy at (617) 367-0450 to speak with a Boston traffic ticket lawyer who knows how to handle these cases from day one. Whether you’re facing a clerk’s hearing or a court appearance, you deserve a defense focused on keeping your record—and your future—clear.