Woman accused of CVH in alleged drunk driving crash in Lakeville

Dakota County prosecutors accuse an Apple Valley woman of criminal vehicular homicide after a fatal car and motorcycle accident claimed the life of a Burnsville man last week. Police claim that the Burnsville, Minnesota, man was riding his motorcycle on 160th Street in Apple Valley.

Authorities believe that the Apple Valley woman was eastbound on the same road and attempted to turn left onto Harwell Avenue in front of the motorcycle.

Police claim that during the accident investigation the woman said that she did not see the motorcycle until the accident occurred. A 29-year-old man on the bike was killed. Police also claim that one of two passengers in the woman’s Taurus claims to have tried to warn the driver about the oncoming motorcycle.

Based upon statements of a passenger, police retrieved a bottle of tequila and Captain Morgan rum from a nearby trash can, and claim that the seal on the spiced rum had been broken.

Law enforcement says that a non-evidentiary preliminary breath test taken at the scene of the accident returned a reading of 0.36 percent blood alcohol concentration, which exceeds the legal limit of 0.08 percent under Minnesota law. Police say that the woman admitted to having consumed four “Captain -Cokes” at home and did not want the two passengers to drive because they had consumed more alcohol than she had.

The woman is now facing felony drunk driving-charges-related to the wreck. Under Minnesota law, criminal vehicular homicide or injury charges are addressed separately from the DWI laws, but if alcohol is allegedly involved, the CVH statute addresses similar standards as potential evidence—including a 0.08 percent BAC legal limit.

A conviction on criminal vehicular homicide charges carries a maximum statutory sentence of 10 years in prison. However, the woman is also accused of driving after cancellation as inimical to public safety, misdemeanor DWI and an open bottle violation.

Source: WCCO CBS Minnesota, “Charges: Woman Had .36 BAC In Apple Valley Fatal Crash,” July 1, 2013

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.

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