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.

Years of Experience: Approx. 20 years
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

Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.
Minnesota recently passed a public safety bill that brings sweeping changes to the state’s juvenile justice system. While minors sometimes run afoul of the law, the juvenile justice system seeks to account for the differences between children and adults. Therefore, while the penalties for adults convicted of crimes focus on punishment, those for juveniles are aimed at diversion and restorative practices.