Legal Question in Criminal Law in Massachusetts

Discrimination with regard to criminal cases

My father hit a pedestrian who subsequently died three hours after being taken to the hospital. It was darkand the man was not in a crosswalk. My father (and my mother, a passenger) simply did not see him.

My father is being charged with vehicular homicide in the state of Massachusetts. The prosecuting attorney wants my father to either take a plea bargain on a lesser charge or take the case to trial. My parents have heard her mention on several occasions "Its his eye." My father has only one eye (his right). The gentlemen who was killed was coming from the left. Dad has passed all requirements for a Mass Driver's license when required to do so. He had recently been to see an eye doctor and was wearing new glasses when the accident happened.

My questions is whether or not the prosecutor has any type of case built on his monocular vision, or whether or not this is some type of discrimination, especially with regard to the Americans with Disability Act.

Any help you can give me would be greatly appreciated.


Asked on 3/03/99, 9:27 am

1 Answer from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: Discrimination with regard to criminal cases

If he is being charged with a violation of chapter 90 section 24G (Homicide by motor vehicle -- he can check the complaint he was given to see if this is the case), then he has a serious problem. His first issue is what the Court may impose as a sentence, which would be a minimum of 30 days incarceration or a maximum of 2.5 years incarceration, or a fine of $300 to $3000, or both. His second problem is the registry. A violation will result in the loss of license for 10 years for a first offense. The registry acts independent of the Court, and this 10 year loss of license may not be discussed by the District Attorney in court.

Your father needs a criminal defense attorney. If he cannot afford one, he should ask for a court appointed attorney. An attorney needs to evaluate the accident report, police report, witness statements, your dad's statements made to the police, and in the context of the whole package of materials, give your dad sound legal advice. The statute punishes anyone who operates a motor vehicle recklessly or negligently. I would not hold my breath for much help from the federal Americans with Disability Act, nor would I second guess what your father's attorney advises him. If your dad is in Southeast Massachusetts, and he does not already have a lawyer, have your dad call me at (508) 822-7777, and I will speak to him about his problem.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA


Read more
Answered on 3/04/99, 9:58 am


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts