Minnesota Criminal Vehicular Operation Attorney
In the State of Minnesota, a person can be charged with a serious offense if they operate a motor while under the influence, or in a negligent manner, or cause an accident and leave the scene thereof and someone is injured or dies as a result. These offenses range from Gross Misdemeanors to Felonies, depending on the severity of the injuries sustained. If you have been accused of criminal vehicular operation or homicide, you need the help of an experienced Minnesota criminal defense attorney.
Criminal Vehicular Homicide
Under Minn. Stat. 609.2112, a person can be charged with Criminal Vehicular Homicide if they cause the death of another is a result of operating a motor vehicle:
- In a grossly negligent manner
- In a negligent manner while under the influence of alcohol or drugs
- With an alcohol concentration of .08 or more
- With an alcohol concentration of .08 or more as measured within 2 hours of driving
- In a negligent manner while knowing under the influence of a hazardous substance
- In a negligent manner while any amount of a Schedule I or II Controlled substance is in their system
- Where the driver causes the accident and leaves the scene
This is a Felony, with a maximum sentence of 10 years in prison and a $20,000 fine. There is a mandatory minimum 48-month sentence if convicted.
Criminal Vehicular Operation
Under Minn. Stat. 609.2113, depending on the nature of injuries, a person can be charged with a Gross Misdemeanor or Felony if they cause an accident under the following conditions:
Felony
A person can be charged with a Felony if the accident resulted in Great Bodily Harm or Substantial Bodily Harm.
Great Bodily Harm
A person can be charged with this offense if they operated a motor vehicle:
- In a grossly negligent manner
- In a negligent manner while under the influence of alcohol or drugs
- With an alcohol concentration of .08 or more
- With an alcohol concentration of .08 or more as measured within 2 hours of driving
- In a negligent manner while knowing under the influence of a hazardous substance
- In a negligent manner while any amount of a Schedule I or II Controlled substance is in their system
- Leaves the scene of an accident.
The maximum punishment for this offense is 5 years in prison and a $10,000 fine.
Great Bodily Harm is defined as: an injury that creates a high probability of death, or which causes serious and permanent disfigurement, or which causes a permanent impairment or protracted loss of the function of any Bodily member.
Substantial Bodily Harm
A person can be charged with this offense if they operated a motor vehicle:
- In a grossly negligent manner
- In a negligent manner while under the influence of alcohol or drugs
- With an alcohol concentration of .08 or more
- With an alcohol concentration of .08 or more as measured within 2 hours of driving
- In a negligent manner while knowing under the influence of a hazardous substance
- In a negligent manner while any amount of a Schedule I or II Controlled substance is in their system
- Leaves the scene of an accident.
Substantial Bodily Harm is defined as: an injury that involves a temporary by substantial disfigurement, or which causes a temporary impairment but substantial loss of function of any Bodily member.
The maximum punishment for this offense is 3 years in prison and a $10,000 fine.
Gross Misdemeanor
A person can be charged with a Gross Misdemeanor if the accident resulted in Bodily Harm, and the defendant was operating a motor vehicle:
- In a grossly negligent manner
- In a negligent manner while under the influence of alcohol or drugs
- With an alcohol concentration of .08 or more
- With an alcohol concentration of .08 or more as measured within 2 hours of driving
- In a negligent manner while knowing under the influence of a hazardous substance
- In a negligent manner while any amount of a Schedule I or II Controlled substance is in their system
- Leaves the scene of an accident.
Bodily Harm is defined as: an injury that causes physical pain, illness or any impairment of the physical condition.
The maximum punishment for this offense is 1 year in jail and a $3000 fine
Contact A Minneapolis Criminal Defense Lawyer
Carson J. Heefner has over 20 years experience representing individuals charged with Criminal Vehicular Homicide and Criminal Vehicular Operation. If you or someone you know has been charged with either CVO or vehicular homicide, contact Carson at 612-202-8971 for a free consultation.