Criminal Vehicular Operation

Estimated reading time: 7 minutes

A person facing Criminal Vehicular Operation or Vehicular Homicide charges needs help from a criminal defense attorney.

The most common fact pattern is a car accident with injuries to another. Let’s begin by examining statutory elements of Criminal Vehicular Operation and Vehicular Homicide charges in Minnesota. They require both bodily harm, plus either:

• Gross negligence,
• Negligence plus DUI,
• Hit and run, or
• Failure to repair.

And there is no crime unless evidence proves causation. So, the prosecutor needs evidence of a causal connection between the bodily harm and the intentional criminal act.

If the level of bodily harm is death, the crime is Criminal Vehicular Homicide. But most Criminal Vehicular Operation charges relate to a DUI claim, plus a bodily harm caused by the driver claim.

As a result, the defense of CVO cases is similar to the defense of DUI cases. But we have the additional potential defense that the driver did not cause injury to another. We can defend Criminal Vehicular charges where the accused did not cause the bodily harm or death.

And sometimes a prosecutor files charges CVO or CVH charges along with a Fleeing Police charge.

Causation: criminal vehicular operation

For example, an impaired driver goes through a green light and collides with a sober driver running a red light. The impaired driver did not cause any accident injuries. The sober driver who ran the red light was the cause of the car accident.

If someone dies but the driver is not the cause of the death, she is not guilty of Vehicular Homicide. If someone suffers bodily harm, but the driver is not the cause, he is not-guilty of Criminal Vehicular Operation.

One of our drivers had to suddenly stop in a curve, while already slowing for an intersection. Another driver crossed over the center-line. The other car was driving in our client’s lane after turning onto that road. (The oncoming, wrong-way driver had turned wide.) Our client’s car then weighted its front right corner, skidded, and rolled-over.

The car accident hurt our client’s passenger. But our client did not cause the injuries. The wrong-way driver caused the crash, and the injuries.

Accident Reconstruction

Most criminal vehicular charges involve a car accident. The prosecutor claims the accident’s cause was the defendant’s gross negligence. But, the burden of proving that, with evidence, is on the state.

Sometimes however, the defense attorney recommends hiring an accident reconstruction expert. An Accident Reconstruction Expert can help investigate the crash facts. The expert can help uncover the true cause of the accident; and, testify to help the jury better understand the cause.

Attorney Thomas Gallagher has decades experience working with accident reconstruction expert witnesses. First they investigate the facts. Then, they analyze them. Finally the expert can assist with courtroom testimony.

In some cases, road design or maintenance can be a causative factor in a crash. For example, small or mini-roundabouts can be more dangerous than larger, standard roundabouts due to higher crash risks from increased speed, poorer visibility, and driver error. And we had a case where the road surface in a curve had negative banking, where the outer edge of the curve is lower than the inner edge creating a reverse-camber condition. So as the cars moved through the curve they were unweighted, increasing risk of a roll-over crash.

Vehicle defects and failures can cause crashes. An examination of the vehicle, perhaps at a collision center lot, along with photos to document defects, can be helpful.

And the motor vehicles Event Data Recorder (EDRs or “black box”) data from the seconds before, during, and after a crash, can be downloaded to reveal whether the driver of that vehicle applied the brakes, speed prior to the crash, throttle position, steering inputs, airbag deployment, seatbelt usage, and Stability Control activation.

Level of Bodily Harm

The prosecutor will claim a level of bodily harm caused by the defendant. The severity of the criminal vehicular charge varies with the level of harm.

In death, unborn child, “great bodily harm,” or “substantial bodily harm” cases; the prosecutor charges a felony.

But a charge alleging simple “bodily harm” is a gross misdemeanor.

Four levels of bodily harm can be an element:

1. Death,
2. Great bodily harm,
3. Substantial bodily harm, or
4. Bodily harm

“To Another”

But, the bodily harm must be “to another.” So, if a driver injures herself only, a prosecutor may not charge a Criminal Vehicular Operation or Homicide crime. I did have such a case, which I successfully got a judge to dismiss before trial.

Lesser-included offense

Reckless driving is a lesser-included offense. It’s basically really bad driving in disregard of the safety of others, without any need for proof of impairment or injury to another. Some, though not most, Careless or Reckless Driving cases involve a car accident.

Death Cases: Minnesota Criminal Vehicular Homicide

This is the most serious driving offense. Many states call it “Vehicular Manslaughter.” But in Minnesota, we have the Criminal Vehicular Homicide crime, Minnesota Statutes § 609.2112. And generally, it’s the:

• Death of another person, and:
• As a result of operating a motor vehicle:
• Grossly Negligent Act; or
• Simple Negligence plus DWI or Hit-and-Run.

If the act did not cause a death, but the state has evidence of the other elements plus injuries; they can charge Criminal Vehicular Operation. And prosecutors can charge other Criminal Homicide and Murder crimes, with motor vehicle involvement.

Defenses to Criminal Vehicular Homicide

But legal defenses may include:

• Accident without gross negligence or “negligence plus”
• Intent Defenses
• Causation (another driver; equipment failure)
• Involuntary Intoxication
• Identity

The consequences of a conviction are severe. So a criminal vehicular homicide lawyer must mount the best defense consistent with the facts.

So Attorney Thomas Gallagher works to collect facts. He gets them from the client, the government and from investigators. And then he analyzes the facts to find evidence.

This helps him develop the best defense theory consistent with the evidence.

Chemical Test Experts

But other experts can also help in these cases. For example, an expert on alcohol toxicology and chemical testing. Most of these cases involve alcohol. So these experts can help the defense lawyer, as well as the jury.

Alcohol tests include:

• breath,
• blood, and
• urine.

But their many problems can make them unreliable and inaccurate. And if a Criminal Vehicular Operation or Homicide charge is based on alcohol or other drug caused impairment, the truth and reliability — or lack of it — is essential for the defense case.

Criminal Vehicular Defense Attorney

Right after a car accident with injuries, the person who is the target of a police investigation needs a defense lawyer. And a good defense lawyer can protect you.

That’s why people retain Thomas Gallagher for precharge representation.

And after charges, a Criminal Vehicular Homicide Lawyer needs adequate resources to mount the best legal defense. Much is at stake in a Vehicular Manslaughter case. So the client should provide enough resources to fully develop the defense. And so, a good defense lawyer, investigators and expert witnesses may be necessary.

Attorney Thomas Gallagher can help defend you from a Criminal Vehicular Homicide or Operation charge. His 38 years experience can serve you well. A recognized expert in criminal defense work, he will listen to you. He will recommend options for the best defense available in the situation. In addition the defenses above, other defense strategies come in handy for these cases as well. For example, if we have a confession to deal with, we can move the court to suppress. He won a hit and run case after the court’s involuntary statement suppression order.

Hard work brings luck. And Thomas Gallagher’s clients have been lucky, year after year.

Questions? Call Attorney Thomas Gallagher, 612 333-1500

Attorney Thomas Gallagher can expertly guide you safely through the court process, with the best defense.

More: criminal vehicular operation

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Minnesota Crimes & Criminal Laws