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

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.