Negligent Operation

Respected Suffolk County Traffic Ticket Attorney Protecting the Rights of Boston Residents

Getting charged with negligent operation in Massachusetts means your driving allegedly put others at risk—even if there was no crash, no injury, and no intent to harm. These cases often begin with an officer’s personal judgment call and quickly escalate into a criminal matter. Unlike a speeding ticket or red-light citation, negligent operation is a misdemeanor that can lead to a license suspension, a permanent record, and—in some cases—jail time. At the Law Office of Patrick J. Murphy, our Boston traffic violation attorney represents drivers throughout Boston and surrounding communities who are facing these charges. With over 27 years of courtroom experience, Attorney Murphy knows how to contest overreaching police accusations and help clients avoid long-term consequences.

What Does Negligent Operation Really Mean?

Under Massachusetts General Laws Chapter 90, Section 24(2)(a), negligent operation (also called “operating to endanger”) is defined as driving a motor vehicle in a way that endangers the lives or safety of the public. Unlike reckless driving, which implies a willful disregard for safety, negligent operation covers behavior that may be careless or inattentive but still poses a risk.

What makes this charge complicated is that it’s highly subjective. You can be charged without getting into an accident or breaking any specific traffic law. All it takes is an officer believing your driving was unsafe.

Common examples of what police may interpret as negligent operation include:

• Drifting between lanes
• Aggressive braking or accelerating
• Driving too fast for road or weather conditions
• Failing to yield, even if no crash occurred
• Minor contact with another vehicle or fixed object
• “Rolling” a stop sign when no other car is present

In short: if your driving made someone uncomfortable—or gave police a reason to stop you—you could end up facing a criminal charge.

Not Just a Ticket: Why These Charges Deserve a Serious Defense

Negligent operation is often treated like a traffic ticket, but the consequences are far more serious:

• Up to 2 years in jail
• Fines of up to $200
• License suspension by the RMV (especially for Junior Operators)
• Points added to your driving record
• Higher insurance rates
• A permanent criminal record if convicted

Because it’s classified as a misdemeanor, even a first-time charge will trigger a court summons and appear on background checks unless resolved properly.

The Process: What to Expect After Being Charged

Many people charged with negligent operation receive a criminal citation rather than being arrested. If that’s the case, you have the right to request a clerk magistrate’s hearing within four days. This hearing gives you a critical opportunity to stop the case before it becomes part of your criminal record.

If you miss the hearing deadline—or if the magistrate decides the case should proceed—you’ll be arraigned in criminal court. At that point, a conviction becomes a very real possibility unless you have a skilled Boston traffic ticket lawyer on your side.

Unique Legal Challenges in Negligent Operation Cases

Negligent operation cases can be frustrating because they’re often based entirely on a police officer’s opinion. There’s usually no breath test, radar reading, or hard evidence. That means your lawyer must know how to challenge assumptions and dissect the officer’s report carefully.

Key issues Attorney Murphy may raise include:

• Lack of actual danger – Did anyone truly face harm, or is the charge based on speculation?
• Road or weather conditions – Did poor visibility or wet roads contribute to the situation?
• Driving behavior within reason – Was your conduct careless or simply momentary distraction?
• No corroboration – Is the case based solely on the officer’s account, without witnesses or dashcam footage?

Attorney Murphy often uses these strategies to argue for case dismissal, pretrial diversion, or a resolution that keeps the charge off your record.

FAQs: What Drivers in Boston Need to Know

Is negligent operation a felony in Massachusetts?
No, it’s a misdemeanor—but it still carries jail time and long-term consequences if not handled correctly.

Can I lose my license for this?
Yes. The RMV has the authority to suspend your license for negligent operation, especially if you’re a junior operator or have prior violations.

What happens if I miss the clerk magistrate’s hearing deadline?
The case will proceed to arraignment, where the charge becomes public. That’s why it’s critical to respond quickly and speak to an attorney right away.

Can I avoid a conviction?
In many cases, yes. Attorney Murphy frequently resolves these charges through pretrial probation, dismissal, or by convincing the court that your actions didn’t meet the legal standard for negligence.

Get Strategic Before the Case Hits the Courtroom

Negligent operation is one of the most misunderstood traffic charges in Massachusetts—and one of the easiest to underestimate. It doesn’t take a crash or a reckless maneuver to land in court, and the consequences often stretch far beyond the original stop. If you’ve received a criminal citation or court summons, now is the time to take control of the situation. Call the Law Office of Patrick J. Murphy at (617) 367-0450 to speak with a Boston traffic ticket attorney who can challenge the allegations, represent you in court, and protect your record from unnecessary harm.