Criminal Vehicular OperationWhat are the Criminal Vehicular Homicide and Injury Laws in Minnesota?
Criminal law defines six levels of criminal vehicular operation (CVO) - all but one constituting felony offenses - depending on the level of injury inflicted:
- criminal vehicular homicide (causing death, but not constituting murder or manslaughter);
- great bodily harm (serious permanent injury);
- substantial bodily harm (temporary substantial injury);
- bodily harm (any pain or injury - a gross misdemeanor);
- death to an unborn child; or
- injury to an unborn child.
A common element to each of these CVO crimes is that the person causes the specified harm to another person as a result of operating a motor vehicle under any of the following conditions:
- in a grossly negligent manner;
- in violation of any of the elements of regular DWI law; or
- where the driver who causes the accident leaves the scene in violation of Minnesota's felony fleeing law.
In practice, most CVO prosecutions involve simultaneous violation of the DWI law.
Under Minnesota's sentencing guidelines, conviction for criminal vehicular homicide or death to an unborn child carries a presumptive commit to prison for 48 months, where the offender has no other criminal history points.
If you are facing a criminal vehicular operation charge in Minnesota,
you must have an experienced legal defense lawyer to help protect you.
Call me for a free Minnesota CVO/DWI legal consultation at 612-334-3342.
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