Criminal Vehicular Operation
Southern Minnesota Criminal Lawyer & Attorney
Some driving conduct is criminalized in Minnesota, especially when that conduct causes some kind of bodily harm to another person. However, it is not the bodily injury that is criminalized when an act of careless driving causes an accident. Instead, it heightens the negligence factor, which is part of the factors that must be present for the act to be considered criminal vehicular operation.
If you have been charged with criminal vehicular operation, you need a Mankato criminal vehicular operation attorney to help you through the legal process. This is so you can have the best possible outcome. At Birkholz Law, LLC, you can expect to work with a skillful and aggressive attorney who will work hard for you as an advisor and an advocate.
Criminal Vehicular Operation Factors
In order for an act to be considered criminal vehicular operation, a number of factors must be present during the operation of the vehicle. The vehicle must have been operated:
- In a negligent manner
- In a grossly negligent way that caused bodily harm
- When under the influence of alcohol, a controlled substance, or a combination of a controlled substance and alcohol
- While having a blood alcohol concentration of .08 or above
- Where the driver at fault leaves the scene of the accident when another person has been injured
- When under the influence of a substance other than THC or marijuana
- When knowingly under the influence of a hazardous substance
- When the driver knew that there was a citation for a poorly maintained vehicle or defective vehicle that created a hazard for other drivers on the road, failing to fix the defect or cited issue
- When the driver caused an accident and failed to notify the police when they learned they were in an accident
If bodily injury occurs, the severity of the injury will determine the exact charge, which can be a felony or a gross misdemeanor.
Criminal Vehicular Operation Charges
Despite innocence or guilt, you deserve to have a comprehensive defense by a Southern Minnesota criminal vehicular operation lawyer who knows the law. There are times when a person is charged and shouldn’t be or a person is charged with a felony when they should be charged with a gross misdemeanor. Your attorney will set the record straight so you can receive the best possible outcome.
To be charged with a felony, the criminal vehicular operation must have caused great or substantial bodily harm. To be charged as a gross misdemeanor, the act must cause injury that is not as severe as great or substantial bodily harm. If convicted of the felony, great bodily harm results in a $10,000 fine and a five year prison sentence. Substantial bodily harm results in a $10,000 fine and three years in prison. The gross misdemeanor offense has a penalty of one year in jail and a fine of $10,000. Other penalties can include vehicle forfeiture, loss of rights, license cancellation, difficulty keeping or getting a job, and much more.
Contact A Mankato Criminal Vehicular Operation Lawyer
An accusation of criminal vehicular operation is very serious, but the state does have the burden to prove that you, in fact, operated the vehicle in a criminal manner. When proving what really happened, you need an attorney by your side who knows the law, who is aggressive, and who is experienced. With nearly four decades of experience working for you, Birkholz Law, LLC can make a difference in the outcome of your case. To find out more and to receive a free consultation, call the Westbrook office at 507-274-6501, the St. James office at 507-375-3374, or the Mankato office at 507-387-2100.