Reckless Driving

Experienced Suffolk County Defense Attorney Skillfully Handling All Types of Criminal Traffic Violations

In the moment, it doesn’t feel like a crime—speeding up to make a light, weaving through traffic, or reacting to another driver’s aggression. But under Massachusetts law, certain behaviors behind the wheel can lead to reckless driving charges. This offense is more than just a traffic violation—it carries real consequences, including potential jail time, license suspension, and a permanent criminal record. If you’ve been charged, the Law Office of Patrick J. Murphy can help. With over 27 years of experience, Attorney Murphy is a Boston reckless driving lawyer who understands how to create compelling defenses in these tough cases.

How Massachusetts Defines Reckless Driving

Massachusetts General Laws Chapter 90, Section 24(2)(a) defines reckless driving (also referred to as “operating to endanger”) as operating a motor vehicle in a way that endangers the lives or safety of the public. It doesn’t require an accident, injury, or even contact with another vehicle. Police can charge you based solely on how you were driving.

Examples of conduct that may lead to a reckless driving charge include:

• Excessive speeding, especially in residential or school zones
• Swerving between lanes without signaling
• Tailgating or aggressive driving
• Running red lights or stop signs
• Racing or stunt driving on public roads

What’s considered “reckless” is often subjective, which means your defense may come down to how the officer interpreted your actions—and how your lawyer challenges that interpretation in court.

Penalties for Reckless Driving in Massachusetts

Reckless driving is a misdemeanor, but that doesn’t mean it’s minor. If you’re convicted, the consequences can include:

• Up to 2 years in jail
• A fine of $20 to $200
• Mandatory license suspension (usually 60 days or more)
• Significant increases in insurance premiums
• A criminal record that can appear on background checks

For repeat offenses, or if you caused an accident, prosecutors may pursue enhanced penalties or related charges like negligent operation or leaving the scene.

Reckless vs. Negligent Operation: What’s the Difference?

Massachusetts law distinguishes between “negligent” and “reckless” driving. Negligent operation means you failed to exercise reasonable care, while reckless operation involves a disregard for the known risks to others. The difference matters because reckless operation is often seen as more serious—and harder to defend.

That said, police sometimes overcharge drivers with “reckless” operation when the facts support only negligence. A key part of your defense may involve reducing the charge or showing that your actions, while flawed, didn’t rise to the level of criminal recklessness.

Building a Strong Defense

Each reckless driving case is unique, and your defense strategy should reflect the details of your specific situation. However, as a general rule, common reckless driving defenses include:

Disputing the officer’s observations. The prosecution’s case may rest entirely on one officer’s opinion. Dashcam footage, witness accounts, or environmental conditions (like poor weather or sudden hazards) may help cast doubt.

Lack of intent or emergency circumstances. If your driving was influenced by a medical emergency, an attempt to avoid harm, or other justifiable reason, your attorney may argue that your actions were not reckless.

No risk to public safety. If no one was around, and no other drivers or pedestrians were placed in danger, the argument for recklessness may be weak. Mere speeding or aggressive driving, while serious, isn’t always enough to support an operating to endanger conviction.

Attorney Patrick J. Murphy has the experience, knowledge, and dedication you need to feel confident fighting your case. From the moment you bring us on your team, we will get started analyzing the facts, reviewing police reports, seeking out any available footage, and doing everything possible to ensure your arrest has as little impact on your future as possible.

Protect Your Record and Your License—Reach Out to the Law Office of Patrick J. Murphy Today

A reckless driving conviction can affect far more than your ability to drive. It can cost you your job, raise your insurance rates, and follow you for years on your criminal record. But in many cases, these charges can be reduced, dismissed, or resolved without lasting damage. If you’re facing a reckless driving charge in Boston or the surrounding area, call the Law Office of Patrick J. Murphy at (617) 367-0450 for a confidential consultation.