Nicholas Indehar was charged with criminal vehicular homicide, careless, and reckless driving, failure to stop at a stop sign, and driving with a revoked license. He killed a woman in Inver Grove Heights, Dakota County at 3PM in the afternoon last Saturday. The woman was stuck inside her van after she hit a utility pole. She died at the scene of the accident. Indehar was taken to the hospital and was then transported to the Dakota County Jail. Indehar has a prior DUI charge on his record from 2011 after he refused to submit to a chemical test and was charged with a gross misdemeanor. He has a few speeding tickets and other alcohol related incidents on his record. He also has a felony drug conviction on his record from 2013 in Ramsey County. According to public records, he did not have an attorney listed for his drug case. He is currently on probation for that charge because he is on probation until 2018 and has now violated his probation.
Under Minnesota Impaired Driving Laws, Criminal Vehicular Homicide or Injury (CVO or CVH) requires a finding of Gross Negligence OR simple negligence WHILE driving impaired or at .08 or more alcohol concentration. Under the Minnesota Sentencing Guidelines, the presumptive Sentence for CVH or causing a death while DWI is 48 months (4 years) for a driver with no prior felony convictions. In order to avoid a 4 year Prison Sentence, if you are charged with injuring or killing someone while driving drunk or distracted (like texting while driving), then you need an experienced Minnesota Felony Criminal Vehicular Operation Attorney now.
If you get arrested for DUI, you have a reasonable time to contact an attorney before agreeing to submit to a chemical test. You also have the right to request an independent test. A provider can come to the jail to take a second sample from you. It has been ruled by the Bernard case that a search warrant is not needed before a breath test is taken. The case may be heard by the Supreme Court of the United States in the near future. Another recent Minnesota Court of Appeals decision just ruled that a search warrant is needed before a blood sample can be taken from an individual. It is currently unclear wether the Trahan decision applies to urine cases. Contact a felony criminal vehicular operation attorney to see what issues should be litigated in your DUI case. The laws are always changing and you will need a 24/7 criminal lawyer to litigate current decisions and up to date decisions as new cases are always decided by the courts in Minnesota.
Felony Criminal vehicular operation attorneys can help fight the charges for you. There are two felony criminal defense attorneys at Keller Law Offices. Criminal vehicular homicide and driving under the influence charges are serious crimes with the possibility of serious prison time. The felony criminal defense attorneys at Keller Law Offices are aggressive and experienced. Call 952-913-1421 for a free consultation. Visit the firm’s website at kellerlawoffices.com. Payment plans may be offered in certain cases.
