Driver’s medical condition rejected by jury in vehicular homicide

In July, we brought you the story of a 50-year-old St. Paul man who was arrested after he was involved in a car accident that claimed the life of a 16-year-old girl outside of Harding High School. The man was arrested on charges of felony criminal vehicular homicide, despite the fact that he told police that his arms and legs had gone numb in the moments leading up to his crash. Unfortunately, the jury still believed he should have been able to stop his car from hitting the girl.

The 50-year-old is awaiting sentencing after he was convicted of felony criminal vehicular homicide and gross misdemeanor criminal vehicular operation. The Ramsey County Attorney says that even though the driver had apparently lost all feeling in his limbs there was an expectation that he be able to keep control of his vehicle. According to the attorney, his speed played a role in the accident.

It is unknown what kind of medical treatment the man has had since the accident regarding the lack of feelings in his limbs or whether that was adequately brought up in court. While it is up to a jury to decide whether an individual is guilty of the crimes of which he or she is accused, it is up to the suspect’s attorney to bring up important evidence that will clear an individual’s name, such as a medical condition that hampers a driver’s ability to control his vehicle.

The man will be sentenced on Dec. 17, and the statutory guidelines suggest a sentence of four years in prison.

For more information on this case, please read our previous post on this St. Paul car accident.

Source: CBS Minnesota, “Man Found Guilty In Crash That Killed 16-Year-Old,” Nov. 14, 2012

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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.