Commonwealth v. Carvalho — Driving Dump Truck with Raised Body Establishes Probable Cause for Negligent Operation Without Evidence of Erratic Driving
The Massachusetts Appeals Court reversed the dismissal of a negligent operation complaint against a dump truck driver who forgot to lower the truck’s raised body before driving under a highway overpass, holding that the vehicle’s dangerous condition — not erratic driving — established probable cause under G. L. c. 90, § 24 (2) (a).