As Keller Law Offices previously blogged, traffic violations citations are increasing in Minnesota, specifically for texting and driving offenses. Amanda Schlachter was arrested for running a run light when she was on her phone while driving. She was driving group home residents when she hit another car in the afternoon on april 6, 2013. Her car rolled over and one of the passengers passed away. The other three passengers luckily survived the crash. She was arrested in Apple Valley, Dakota County. She was just sentenced to criminal vehicular homicide. Criminal vehicular homicide is a felony in Minnesota. Schlacter was sentenced to 90 days in jail. With good time, she will likely only serve 60 days in custody. This is a very good outcome for Schlacter.
Criminal vehicular homicide charges can be defended in court. Call an experienced Dakota county criminal defense lawyer. An experienced Dakota criminal defense lawyer can argue causation or identity, etc. The defense will be dependent on the specific facts of your case. Causation for instance means that a defense lawyer can argue that it was perhaps another driver that caused the death if there were multiple cars involved in the accident. For instance, it can be argued that charged individual’s car was not what caused the accident and it could be argued that the driver of the other vehicle caused the accident. Perhaps the other driver was on his phone and not paying attention. A criminal defense lawyer in Dakota County will need to look at the evidence to figure out how the accident or crash occurred. Equipment failures could also be another defense to criminal vehicular homicide, i.e something happening with the car that caused the crash that was out of the driver’s control.
There are also defenses and exceptions that need to be explored when dealing with to texting and driving tickets: (1) solely in a voice-activated or other hands-free mode; (2) for making a cellular phone call; (3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed; (4) in the reasonable belief that a person’s life or safety is in immediate danger; or (5) in an authorized emergency vehicle while in the performance of official duties. Call Max Keller to see if any of these exceptions and defenses apply in your case.
If you have been charged with a traffic offense, specifically criminal vehicular homicide or a texting and driving offense, contact Keller Law Offices. A Dakota County Defense lawyer be able to view to evidence and see what defenses apply in your case. A Dakota county defense lawyer can challenge the evidence in your case. Max Keller is a criminal lawyer in Dakota County, Minnesota. Keller Law Offices offers free consultations. Max Keller has handled many traffic violation cases and has represented criminal vehicular homicide cases in the past. Please visit the firm’s website at www.kellerlawoffices.com. Max Keller is an aggressive attorney and can help you through this difficult time. Criminal vehicular homicide is a very serious offense and often times will lead to prison. Call 952-913-1421 to talk with a criminal lawyer.