Reprimand Imposed For Distracted Driving Homicide Conviction

The Massachusetts Board of Bar Overseers publicly reprimanded an attorney

On December 16, 2019, the respondent pled guilty in the Eastern Hampshire District Court to motor vehicle homicide by negligent operation, a misdemeanor. G.L. c. 90, § 24G(b). The respondent’s conduct involved her failure to stop at a crosswalk, which was illuminated by flashing yellow crossing lights, and fatally striking an elderly pedestrian. The respondent was distracted by an application on her cell phone, likely her GPS, and a witness reported that she never activated the car’s brakes before impact. She was not exceeding the speed limit, was not impaired by drugs or alcohol, and was not texting or talking on the phone at the time of the accident. She remained on the scene and fully cooperated with the police investigation that followed. At the sentencing, the prosecutor and the victim’s family agreed that imprisonment was not necessary, acknowledging the respondent’s acceptance of responsibility and willingness to engage in community service.

The respondent was sentenced to two and one-half years in the house of correction, suspended for three years, with supervised probation until December 12, 2022. Probation was conditioned on counseling and 200 hours of community service, 100 of which dedicated to speaking about the dangers of distracted driving.

The parties had stipulated to the sanction

The stipulation was accompanied by supporting letters attesting to the respondent’s good character and commitment to service in her public and private lives as well as a letter from members of the victim’s family that was supportive of the respondent and the proposed disposition.

Western Mass News reported on the accident. (Mike Frisch)