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 also had several previous traffic citiatons 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 injurying 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.

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

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.