Not all criminal driving conduct results in the injury of someone else, just as not all acts that do result in bodily injury are criminalized. Minnesota law is designed to punish conduct that is grossly negligent, such as driving while under the influence of alcohol or any other controlled substance, whether or not it results in bodily harm to another person. Overall, criminal vehicular operation is very serious and the penalties are harsh.
If you have been arrested, questioned, or charged for negligent conduct behind the wheel of a motor vehicle, then you need a Minnesota criminal vehicular operation attorney to advise you of your rights and what steps need to be taken in the matter so you can move on with your life as soon as possible.
Categories Of Criminal Vehicular Operation
Criminal vehicular operation is divided into five categories. They are:
- Grossly negligent operation
- Negligent operation while under the influence of alcohol or a controlled substance
- Operation of a motor vehicle with a blood alcohol concentration over .08 within two hours of operating the vehicle (requires breathalyzer, blood, or urine tests to determine)
- Causing an accident and leaving the scene of the accident
- Driver had knowledge of a citation or warning issued by police regarding a motor vehicle defect and proper action was not taken to repair the defect, resulting in the injury or death to another.
Classifications
The severity of the crime is also placed into categories, which determine the exactly penalty. Your Minneapolis criminal vehicular operation lawyer will to ensure that you do not receive the maximum sentence or will be able to have the case dismissed so you can move on.
The first classification is “bodily harm.” If there is bodily harm done, then the sentence is one year in jail and a fine of $3,000.
If the bodily harm is substantial, which means that permanent disfigurement or loss of function has been caused, the penalty is a $10,000 fine and up to three years in prison.
If there is “great bodily harm,” which means there is a possibility that the victim will die or there is some kind of permanent impairment of the function of any bodily organ or other body part, the maximum fine is $10,000 and five years in prison.
If the victim dies, then the sentence is a $20,000 fine and 10 years in prison. It is important that the facts in your case are revealed so that you can receive the best possible outcome.
Contact A Minneapolis Criminal Vehicular Operation Attorney
If you have been charged with criminal vehicular operation, there may be factors in your case that could result in a dismissal of the charges or a reduction. By contacting an experienced attorney who knows the law, you can ensure your rights are not violated and that you receive the best defense possible. To find out more, call the Law Office of Mark Herman 24/7 at 612-382-4545 for a free consultation.
