Woman Sentenced for Criminal Vehicular Homicide (CVO or CVH) for Texting Causing Death

Last week, for a Waseca County Criminal Vehicular Homicide (CVO or CVH) woman was sentenced to 480 hours of community service and ten years of probation. She was charged with CVH because she caused the death of a driver of another vehicle while texting and speeding. She also had several previous traffic citations for speeding and other offenses, and got another speeding ticket while this case was pending.

Under Minnesota Impaired Driving Laws, Criminal Vehicular Homicide or Injury (CVO or CVH) requires a finding of Gross Negligence OR simple negligence WHILE driving impaired or at .08 or more alcohol concentration.  Under the Minnesota Sentencing Guidelines, the presumptive Sentence for CVH or causing a death while DWI is 48 months (4 years) for a driver with no prior felony convictions. Many persons have been charged with CVH who not only have no felony convictions, but who have never even gotten a DWI before like Amy Senser.  In order to avoid a 4-year Prison Sentence, if you are charged with injuring or killing someone while driving drunk or distracted (like texting while driving), then you need an experienced Minnesota Felony Criminal Vehicular Operation Attorney now.

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.

Experience: Practicing since 1997
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

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.