Leaving the scene of property damage in Massachusetts and charge against State Senator

October 16, 2009
By Michael DelSignore on October 16, 2009 5:10 PM |

A Massachusetts State Senator was charged with leaving the scene of property damage. The Senator released a statement saying that he was nervous because of his driving record and left the scene of the accident.

Massachusetts law requires a driver to stop at the scene of any accident, causing property damage. A conviction of leaving the scene of personal injury will result in a sixty day loss of license. An article in the Boston Globe speculated that the Senator left the scene because he had been drinking and to avoid the potential harsh consequences of a second offense drunk driving charge.

Massachusetts law imposes a more severe penalty for a motorist charged with leaving the scene of personal injury. Upon conviction, a motorist faces a one year loss of license. The statute requires a mandatory jail sentence of six months, though a judge would have the ability to suspend that sentence, meaning that a motorist could avoid severing six months if successful in completing probation.

In the Senators case, there is no evidence of alcohol consumption. In cases where there is evidence of alcohol consumption, many judges will impose a harsher sentence on a defendant, believing that the defendant left the scene to avoid the consequences of a Massachusetts DUI.