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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Commonwealth v. Santos, 122 N.E.3d 1098 (2019)

Citation
Commonwealth v. Santos, 122 N.E.3d 1098 (2019)
Parent Document
Commonwealth v. Santos, 122 N.E.3d 1098 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-01-02

Full Text

490 chars
To sustain a conviction of negligent operation, the Commonwealth must prove that the defendant (1) operated a motor vehicle (2) on a public way, (3) negligently, so as to endanger the lives or safety of the public. See G. L. c. 90, § 24 (2) (a ). Only the third element is at issue in this appeal. The statute requires proof that the defendant's conduct might have endangered the safety of the public, not that it, in fact, did. See Commonwealth v. Duffy, 62 Mass. App. Ct. 921, 923 (2004).