When You Really Need a Minnesota Criminal Vehicular Homicide Attorney
Criminal Vehicular Homicide is a serious felony offense that can easily land you in a prison cell. If you are facing charges for criminal vehicular homicide or criminal vehicular operation in Minnesota, it is critically important that you contact an experienced criminal defense attorney. Jack Rice is the founder of Jack Rice Defense, a former prosecutor, a Board Certified Criminal Law Specialist and a Criminal Vehicular Homicide Attorney. Contact Jack Rice Defense at 651-447-7650 or 612-227-1339 or fill out the free consultation form and we will follow up quickly.
What is Criminal Vehicular Homicide/Operation?
Criminal Vehicular Homicide is a felony offense covered under Minnesota Statute 609.2112. According to the statute, a person is guilty of criminal vehicular homicide if the person causes the death of another as a result of operating a motor vehicle. The statute then goes on to list the possible circumstances in which the statue would apply, including one of the following:
Operating the vehicle in a “grossly negligent” manner;
While under the influence of drugs or alcohol;
Where the driver caused the collision and then knowingly fled the scene; or
Where the driver was given a warning or citation by the police regarding a vehicle defect and because they didn’t bother to repair it, it created a safety risk which resulted in the death of another.
Definition of “Under the Influence"
Being under the influence is frequently a significant factor when someone is charged with criminal vehicular homicide or operation. Also, in the event of being under the influence, the standard of simple negligence is all that is necessary rather than the higher standard of “gross negligence” (see below). The possible ways the State can prove “under the influence” include:
Being under the influence of alcohol;
Being under the influence of drugs;
Having an alcohol concentration of 0.08 or more; or
Having an alcohol concentration of 0.08 or more, as measured within two hours of being tested;
Definition of “Gross Negligence”
“Gross negligence” applies to a legal definition used to determine level of care and how that impacts the charges in both criminal vehicular homicide and operation cases. For gross negligence to apply, it means the driver acted without any care or concern regarding the risk of causing harm to others. It further means the driver acted in a way that is considered completely oblivious to their own actions and to the harm that may result from those actions. Finally, Gross Negligence applies when there are no allegations of being under the influence of alcohol or drugs (see above).
Different Levels of Offenses of Criminal Vehicular Homicide/Operation Cases
Several factors including the behavior of the driver and the severity of the injuries to the victim will control what charges a driver may face. Regardless, the jail/prison and fines can be extremely serious. Levels based upon severity of injuries include:
Criminal Vehicular Homicide: A felony, punishable by up to 10 years in prison and a $20,000 fine.
Great Bodily Harm: A felony, punishable by up to 5 years in prison and a $10,000 fine.
Substantial Bodily Harm: A felony, punishable by up to 3 years in prison and a $10,000 fine.
Bodily Harm: A gross misdemeanor, punishable by up to 1 years in prison and a $3,000 fine.
“Accidents happen everyday and sometimes they are just that, accidents.”
A Closer Look at the Penalties for Criminal Vehicular Homicide in Minnesota
If the accident resulted in the death of another, the driver could face a felony conviction as well as a maximum sentence of 10 years in prison and a fine of $20,000. In addition to the prison and fines, there are additional collateral consequences including a loss of driving privileges, forfeiture of the vehicle, rights to vote, rights to possess firearms and more. These ramifications can result in problems with careers, finding a job, keeping a job, housing and more.
Possible Defenses in Criminal Vehicular Homicide Cases
Every case is different. Therefore it is important to look at the facts and allegations of each case to determine which defenses would apply.Created a customized defense comes from years working in the Minnesota criminal justice system and standing in front of a lot of juries. Defenses may include but are not limited to:
Determining identity of the actual driver;
Excluding incriminating evidence such as test results involving the use of alcohol or/or drugs;
Contesting whether intoxication played a factor in the accident:
Whether this was nothing more than simply an accident that didn’t reach the level of “gross negligence.” (This is a very specific defense that generally only applies if there are no allegations of drug or alcohol use);
Possibly negligence by the other driver (complaining witness or decedent) in the accident; or
Considering other possibilities including faulty road construction.
“Not every bad thing that happens is foreseeable. Sometimes, a tragic accident doesn’t automatically mean that a crime has occurred.”
Falling Asleep While Driving
Many car accidents happen as a result of distracted driving or falling asleep behind the wheel of a car. However, in the event that somebody dies as a result of the accident, the driver could certainly face extremely serious charges. The question will be if the prosecution believes that they can prove that the driver’s decision to get behind the wheel was grossly negligent. To do this, they will look at the previous circumstances surrounding the incident including:
How long the driver had been driving;
How much sleep the driver had prior to getting behind the wheel;
If the driver was taking a prescribed medications;
Whether the driver was aware of any conditions that would have made the accident more likely and decided to drive anyway;
Whether the driver was aware of the condition of their vehicle.
Experience Matters. Go with a Minnesota Criminal Vehicular Homicide Lawyer
Criminal vehicular charges can have a massive impact upon your life. If you or a loved one are facing such charges, it is important that you contact an experienced criminal vehicular homicide lawyer as soon as possible. Jack Rice is the Founder of Jack Rice Defense. He is a former U.S. Federal Agent, a former prosecutor, a Board Certified Criminal Law Specialist and a criminal defense attorney. Call Jack Rice Defense for a free consultation at 651-447-7650 or fill out a secure and confidential consultation form and we will get back to you as quickly as possible.