A man that is texting while driving runs over a pedestrian

Texting And Driving Leads To Criminal Vehicular Homicide Charge [infographic]

Chris Weber was texting and driving and ended up hitting a woman who was biking with her children in Rock County. Weber made a call and hit the woman when he looked down at his phone. He hit Andrea Boeve on Highway 270. Weber did CPR but was not able to save her. Her children were in a carrier behind her on her bike. He was charged with criminal vehicular homicide and served 120 days in jail. He also has to complete 300 hours of community service and he will be on probation for three years. Weber has been speaking to high schools and telling his story to people in multiple states.

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Infographic on how texting and driving leads to criminal vehicular charge

As Keller Law Offices previously blogged, police are looking for distracted drivers and for people who are texting and driving. Weber has been playing a video in his speaking engagements and the Boeve family put a video together to show the harmful effects of texting and driving. Weber has taken responsibility for the accident and has vowed to never text and drive at the same time. He keeps his phone on vibrate and out of reach of the driver’s seat. The Star Tribune reported that 98 deaths and 427 injuries were a result of distracted drivers in 205. Also reported were 909 arrests for texting and driving in Minnesota in just six days in April. Do not text and drive!

What constitutes texting and driving?

Pursuant to Minn. Stat 169.475 states that “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.” Subd. 2.Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message when the vehicle is in motion or a part of traffic. There are a number of defenses in a texting and driving case. Contact an attorney to see if any apply in your case:

(1) solely in a voice-activated or other hands-free mode;
(2) for making a cellular phone call;
(3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;
(4) in the reasonable belief that a person’s life or safety is in immediate danger; or
(5) in an authorized emergency vehicle while in the performance of official duties.

If you have been charged with a traffic offense, contact Keller Law Offices. A Minnesota Defense attorney be able to view to evidence and see if any defenses apply in your case. A Minnesota Defense Attorney may be able to challenge the evidence in your case. A Minnesota defense attorney may also challenge the constitutionally of the statute and the laws in the state. Max Keller is a criminal attorney in Minnesota. He travels throughout the entire state to defend his clients. Keller Law Offices offers free consultations. Call 952-913-1421 to talk with a criminal attorney licensed in Minnesota. Max Keller has handled many traffic violation cases. The attorneys at Keller Law Offices have also won bench trials and have got traffic violation tickets dismissed. There are also many ways to keep this from going on your record. Max Keller will fight for you and will meet with you for free. Please visit the firm’s website at www.kellerlawoffices.com. Criminal vehicular homicide is a serious offense and can lead to prison time.

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-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. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

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

Involve a criminal appeal attorney soon after you learn the prosecution is appealing your sentence. Your attorney will walk you through the involving and confusing sentencing guidelines. An attorney's involvement will also help you develop a defense strategy for the appeal.