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

Students with juvenile convictions in their records and intending to apply for college may wonder, “Do juvenile crimes impact college admissions?” A juvenile crime in Minnesota can lower the odds of your child’s college application getting approved. A conviction of a serious juvenile crime may result in an automatic rejection of college applications. A minor with a criminal record may be disqualified from accessing student loans or grants.
Defendants convicted of a crime may ask, “What is the post-conviction process, and how long does it take?” A petition for post-conviction relief allows you to contest the legality of a criminal conviction or sentence following an unsuccessful direct appeal process or passing the appeal deadline. This petition involves legal issues not addressed at trial or direct appeal. These issues include a constitutional rights violation, newly discovered evidence, and inadequate or ineffective lawyer representation.
Knowing how long the sentencing phase takes in Minneapolis, MN, can help you ease worries and work towards receiving a fair sentence. The sentencing phase of the criminal justice process usually takes only minutes, especially when the judge approves the sentence negotiated in a plea bargain. Sentencing can sometimes be lengthy, particularly when you get convicted at trial, and the judge schedules a hearing to a later date to decide on appropriate legal penalties. The nature and seriousness of the criminal conviction, whether your sentence is negotiated or determined by a judge, and continuance motions are some factors that may affect the length of the sentencing phase.