Driver’s medical condition rejected by jury in vehicular homicide

In July, we brought you the story of a 50-year-old St. Paul man who was arrested after he was involved in a car accident that claimed the life of a 16-year-old girl outside of Harding High School.

The man was arrested on charges of felony criminal vehicular homicide, despite the fact that he told police that his arms and legs had gone numb in the moments leading up to his crash. Unfortunately, the jury still believed he should have been able to stop his car from hitting the girl.

The 50-year-old is awaiting sentencing after he was convicted of felony criminal vehicular homicide and gross misdemeanor criminal vehicular operation. The Ramsey County Attorney says that even though the driver had apparently lost all feeling in his limbs there was an expectation that he be able to keep control of his vehicle. According to the attorney, his speed played a role in the accident.

It is unknown what kind of medical treatment the man has had since the accident regarding the lack of feelings in his limbs or whether that was adequately brought up in court. While it is up to a jury to decide whether an individual is guilty of the crimes of which he or she is accused, it is up to the suspect’s attorney to bring up important evidence that will clear an individual’s name, such as a medical condition that hampers a driver’s ability to control his vehicle.

The man will be sentenced on Dec. 17, and the statutory guidelines suggest a sentence of four years in prison.

For more information on this case, please read our previous post on this St. Paul car accident.

Source: CBS Minnesota, “Man Found Guilty In Crash That Killed 16-Year-Old,” Nov. 14, 2012

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

Recent Posts

What Is the Exclusionary Rule in a Criminal Case?

So, what is the exclusionary rule, and how does it apply to your case? The exclusionary rule is a court-driven rule that takes effect when evidence in a criminal case is unlawfully obtained. In your case, a court might use the exclusionary rule if the illegally obtained evidence helped the officers get other pieces of evidence they would not have found otherwise.  The secondary evidence subject to the exclusionary rule is referred to as the fruit of the poisonous tree doctrine. The exclusionary rule borrows its reasoning from constitutional rights. So, it applies to criminal cases as a deterrent and remedy rather than a standalone constitutional right.

What Happens If You Violate Probation in Minnesota?

People who suspect that they have violated probation or are already facing a violation charge might ask, “What happens if you violate probation?” A probation violation in Minneapolis, Minnesota could result in a range of consequences, depending on the type and severity of the violation. Those consequences include reprimand from probation officers, enhanced supervision and stricter conditions, and probation revocation and incarceration.