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January 23, 2008


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A literally correct reading of the statute that clearly contradicts its intent. The law intends to trigger the cap if the mental state is reckless but says that a criminal conviction is good enough. Massachusetts is unusual in criminalizing ordinary negligence rather than "criminal negligence" in traffic cases. The conduct required to trigger the exemption now varies significantly from state to state.

Admissions to sufficient facts are common in motor vehicle homicide cases because of the 15 year license suspension required on formal conviction.


Thanks. I added your comments to the post, since I think people need to understand that Mass actually was trying to accomplish some good w/ its procedures.

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