Criminal Vehicular Operation or Homicide: Texting While Driving

In a recent survey reported in the Star Tribune newspaper, at least half of all teens surveyed said that they text while driving.  We all know that teenage drivers are not the safest, because, for among others reasons, they are reckless, inexperienced, and believe they are invincible and can live forever.  To put an exclamation point on the problem, a Massachusetts teenager 18 years old was just sentenced to one year in prison for texting while driving causing the death of another driver.  Under Minnesota law, that is a felony called Criminal Vehicular Operation (Homicide). And unfortunately, most of us are guilty of texting while driving, we just haven’t hurt or killed anyone (yet).

If you OR someone you know has been charged with a crime for Minnesota distracted driving, like Criminal Vehicular Operation or Criminal Vehicular Homicide, or DWI, or texting while driving, then you need a Tough, Experienced Minnesota Criminal Defense and Distracted Driving Attorney to keep you out of Jail now.

  In Minnesota, the presumptive sentence under the Minnesota felony Sentencing Guidelines is 48 months (4 years) for Criminal Vehicular Operation Homicide, killing someone while committing a DWI or otherwise grossly negligent driving, like the accusations against Amy Senser. Many defenses are available under the law, however, and can be utilized by a skilled criminal defense attorney. Among these defenses are the following: the person did not commit a DWI, the accused driver–even if intoxicated–did not cause the accident, the alleged victim was negligent, or the accused driver’s driving behavior, even if mistaken or negligent, does not rise to the level of Gross Negligence required for a conviction and prison sentence.

If you or someone you know has been charged with a felony-level driving crime like Minnesota Criminal Vehicular Operation or Criminal Vehicular Homicide (CVO or CVH) then you need to call a tough, experienced, skilled attorney ASAP.

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

What to Do If You Have Been Charged with a Criminal Offense

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.