Minneapolis and St. Paul Criminal Vehicular Operation Lawyer
The open road is anything but predictable and safe. This is especially true during Minnesota winters and when drivers today are forced to drive with other unpredictable drivers and extreme traffic conditions. There is no wonder thousands of accidents occur every year. Most accidents do not result in serious criminal charges but that can quickly change if you have been consuming any amount of alcohol or controlled substances.
Minnesota laws are very harsh on those who cause accidents while driving under the influence of drugs and/or alcohol. Lengthy prison sentences are required for those who drive while impaired and cause an accident that result in a death. Although these offenses are not intentional, the police and prosecutors often treat the offenders as hardened criminals and prosecutor each of them to the fullest extent of the law. You need an experienced and aggressive defense if you are charged with Criminal Vehicular Operation.
Brent S. Schafer is a former prosecutor and long-time Minnesota Criminal Vehicular Homicide and Injury Attorney. He has defended numerous clients charged with injury and homicide as a result of an alcohol related accident. At first glance, one might think there are no defenses to these charges.
You have rights and defenses. You need an aggressive and experienced attorney standing next to you and speaking for you in what might be the most serious situation of your life. Brent can help and guide you through this difficult time. Call for a free consultation today!!
In Minnesota, there are 10 separate acts that could cause you to be charged with a Criminal Vehicular Operation offense. The level of offense is determined by the extent of injury caused by the driving conduct. The penalties range from gross misdemeanor to felony. Minnesota has four penalty levels for Criminal Vehicular Operation:
(1) A person charged with Criminal Vehicular Operation and causes the death of a human or of an unborn child may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(2) A person charged with Criminal Vehicular Operation and causes great bodily harm to another or to an unborn child may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(3) A person charged with Criminal Vehicular Operation and causes substantial bodily harm to another may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $10,000, or both.
(4) A person who violates subdivision 1 and causes bodily harm to another may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
A person can be charged with Criminal Vehicular Operation even of the only person injured is a passenger in that person’s vehicle. In addition to lengthy jail sentences, fines and restitution for damages, a conviction for Criminal Vehicular Operation can carry up to a 10 year loss of driving privileges.
Choosing the right attorney to defend you against these serious charges is crucial to protecting your freedom. The difference between an experienced Minneapolis and St. Paul Criminal Vehicular Operation Attorney is likely the difference between a conviction and dismissal or a substantial reduction in charges.
Brent S. Schafer has represented and successfully tried several Criminal Vehicular Operation Cases throughout the state of Minnesota. He can help you. Call today for a free initial telephone consultation about your case. Call now 612-940-0129 or toll-free at 1-877-880-9900.
Brent Schafer practices in the following counties: Hennepin County, Ramsey County, Washington County, Dakota County, Scott County, Anoka County, Isanti County, Pine County, Chisago County, Goodhue County, Winona County, Wabasha County, Rice County, Houston County, Olmsted County, Fillmore County, Mower County, Freeborn County, Martin County, Jackson County, Nobles County, Rock County, Pipestone County, Murray County, Cottonwood County, Dodge County, Steele County, Waseca County, Blue Earth County, Brown County, Redwood County, Nicollet County, Lyon County, Lincoln County, Yellow Medicine County, Renville County, Lac Qui Parle, Chippewa County, McLeod County, Carver County, Wright County, Meeker County, Kandiyohi County, Sherburne County, Benton County, Sterns County, Pope County, Douglas County, Grant County, Stevens County, Swift County, Big Stone County, Traverse County, Wilkin County, Otter Tail County Todd County, Morrison County, Mille Lacs County, Carlton County, Aitkin County, Crow Wing County, Sibley County, Wadena County, Cass County Hubbard County, Becker County, Clay County, Norman County, Cook County, Lake County, St. Louis, Itasca County, Koochiching County, Beltrami County, Lake of the Woods County, Mahnomen County, Roseau County, Kittson County, Marshall County, Polk County, Pennington County, Red Lake County, Kanabec County and Faribault County.
§609.21 CRIMINAL VEHICULAR HOMICIDE AND INJURY.
Criminal vehicular homicide or operation; crime described.
A person is guilty of criminal vehicular homicide or operation and may be sentenced as provided in subdivision 1a, if the person causes injury to or the death of another as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury or death was caused by the defective maintenance.
If you or a loved one is charged with Criminal Vehicular Operation, you need an experienced and aggressive Minneapolis and St. Paul Criminal Vehicular Operation Lawyer. Brent S. Schafer and Schafer Law Firm is that Lawyer. Contact him today.