If You’ve Been Charged With Criminal Vehicular Conduct in Minnesota, Contact Attorney Joshua London Right Away!
Criminal Vehicular Operation (CVO) laws in Minnesota address a range of offenses involving reckless or negligent driving that harm others. These laws apply to cases where a driver’s actions lead to injury or death, often involving factors like intoxication, distraction, or failure to follow traffic laws. CVO charges can range from gross misdemeanors to felonies, with penalties varying based on the level of harm and the circumstances of the incident.
In Minnesota, CVO is a criminal offense with serious repercussions. Criminal Vehicular Operation and Vehicular Homicide crimes require both bodily harm and either:
- Gross negligent operation of a motor vehicle
- Causing an accident and leaving the scene (hit and run)
- Negligence plus DUI (alcohol or other drug impairment, or 0.08 alcohol within two hours) or
- Failure to repair a known defect and causing injury or death to another driver
There is no crime unless evidence proves causation. The prosecutor is required to provide evidence of a causal connection between the bodily harm and the intentional criminal act that is being alleged.
Level of Bodily Harm
The prosecutor must prove a level of bodily harm caused by the defendant. The severity of the criminal vehicular charge varies with the level of harm.
Four levels of bodily harm can be an element:
- Death: If the accident results in the death of another (vehicular homicide), the driver at fault could face a maximum prison sentence of 10 years and a fine of $20,000. In addition to prison time and fines, convicted individuals also face a loss of their driving privileges, forfeiture of their vehicle and rights to possess a firearm, and difficulty finding employment or obtaining loans in the future,
- Great bodily harm: Great bodily harm means that there is a high probability that the victim may suffer permanent severe disfigurement or bodily impairment or that the victim will die. A conviction for causing great bodily harm can result in five years in prison and a $10,000 fine,
- Substantial bodily harm: Substantial bodily harm includes any bodily injury resulting in a temporary yet substantial impairment or loss of function of any body part or a temporary yet substantial disfigurement. Penalties include three years in prison and a $10,000 fine or
- Bodily harm: Bodily harm is broadly characterized by illness, physical injury or pain, or any other impairment of physical condition. If convicted of criminal vehicular operation resulting in bodily harm, an individual could face up to one year in jail and a fine of $3,000.
The bodily harm must be “to another.” So, if a driver injures himself or herself only, a prosecutor may not charge a Criminal Vehicular Operation or Homicide crime.
A Criminal Vehicular Operation Conviction Carries Severe Consequences
A CVO conviction can have life-altering consequences, including revocation of driving privileges, increased insurance costs, and difficulty finding employment. For individuals who rely on their ability to drive for work, a CVO conviction can also impact their livelihood.
Criminal Vehicular Operation cases often involve complex factors, including accident reconstructions, toxicology reports, and witness statements. Building a solid defense requires meticulous preparation and understanding Minnesota’s traffic and criminal laws. A comprehensive approach that explores all aspects of the incident can help those facing CVO charges protect their rights and minimize the impact on their future.
Defending Against a Criminal Vehicular Operation Charge
Defending against CVO charges often requires a detailed analysis of the events leading up to the incident. In some cases, the defense may argue that the driver was not at fault due to unexpected mechanical failures or other external factors. For example, if the driver lost control due to a sudden medical emergency, it might be possible to demonstrate that the incident was unavoidable.
Another common defense involves challenging the evidence of impairment in DUI-related CVO cases. This might include questioning the validity of breathalyzer or blood tests and the procedures followed by law enforcement during the arrest. If evidence of intoxication is unreliable or improperly obtained, it may weaken the prosecution’s case.
Contact An Experienced Attorney
If you are facing charges or being investigated for criminal vehicular operation, do not hesitate to contact an attorney for legal representation. A conviction can lead to losing your driving privileges and other life altering consequences.