If you’ve been charged with Criminal Vehicular Operation (CVO) in Minnesota, the first step to defending yourself is to arm yourself with knowledge. That’s where we come in — we’re here to advise you, fight for you, and to help you make the best decisions for your future.
Contact us to set up a free, no-obligation consultation. We’ll go over this information in more detail and relate it to the facts of your unique case. Together, we’ll find a defense that will give you the best possible chance of success.
What Minnesota law says
Here’s how Minnesota law defines Criminal Vehicular Operation:
You can be charged with CVO if you cause harm to another person as a result of operating a vehicle…
- In a “grossly negligent manner” (more on what that means below)
- In a negligent manner while under the influence of alcohol or a controlled substance
- With an alcohol concentration of .08 or more
- In a negligent manner with the detectable presence of a Schedule I or II controlled substance (other than TCH)
- In a negligent manner while under the influence of an “intoxicating substance” that you would have reason to know could cause impairment
If you received a citation or warning from the police about a vehicle defect and failed to correct it, and that defect leads to a crash, you can also be charged with criminal vehicular operation.
Fleeing the scene of an accident (also known as a “hit and run”) also falls under the definition of criminal vehicular operation. All Minnesota drivers are legally required to stop their vehicle after a collision and investigate what was struck. If the accident resulted in bodily injury to another person, the law also states that you must notify the police department, State Patrol, or county sheriff.
You can find the full text of the law in Minnesota statute 609.2113.
What is “gross negligence?”
The law states that injuring another while driving in a “grossly negligent manner” is reason enough to charge you with CVO.
So what does it mean to drive with gross negligence?
It means to drive in a way that disregards the safety of others. The courts have defined gross negligence as “very great negligence or without even scant care.” Minnesota courts have held that “ordinary negligence alone” is insufficient to prove the crime Criminal Vehicular Operation.
Accordingly, even If an accident results in harm to another person, it won’t be considered Criminal Vehicular Operation unless the person was also driving grossly negligent fashion — and while speeding alone may not be enough to charge CVO, speeding combined with using your cell phone and crossing over a center line may be. What constitutes “gross negligence” is a question that a jury would be called upon to answer in a CVO trial. Accordingly, you must have the best and most persuasive advocate on your side in this type of case.
Understanding bodily harm
Bodily harm is defined as an illness, physical injury, pain, or any other physical impairment. If the accident results in bodily harm to another person, you will be charged with a gross misdemeanor. The penalties can include up to 364 days in jail and a fine of $3,000.
Minnesota law has two additional categories for describing more severe bodily harm caused to another person — the more severe the harm, the more severe the criminal penalties. Both of these charges are felonies, which means that a conviction would also result in the loss of your civil rights, including, but not necessarily limited to, your right to vote and your right to bear arms, as well as a host of collateral consequences including difficulty finding employment, housing or obtaining loans in the future.
Substantial bodily harm defines a bodily injury that causes a temporary but major impairment to the body, loss of function of any body part, or a temporary disfigurement. It can result in penalties of up to three years in prison or payment of a fine of up to $10,000, or both.
Great bodily harm defines injuries where the victim is likely to suffer a severe bodily impairment or permanent disfigurement. It can result in penalties of up to five years in prison or payment of a fine of up to $10,000, or both.
Vehicular homicide
If the accident results in a death, either at the scene of the accident or afterward, the penalties are more severe: up to ten years in prison, or payment of a fine up to $20,000, or both.
Alongside the other collateral consequences of a felony conviction, you may also:
- Lose your driving privileges
- Have your vehicle taken away
It’s also important to note that in Minnesota, if the accident causes injury or death to an unborn child, the charges will carry the same penalties as above.
Defenses
If you’ve been charged with criminal vehicular operation, you may be wondering how a defense lawyer can help you.
You must be proven guilty of your crime beyond a reasonable doubt to be convicted. For example, whether or not you were grossly negligent in your operation of a vehicle is a subjective matter that must be proven — you cannot be convicted of a crime without sufficient evidence. It is also necessary for the state to prove beyond a reasonable doubt that your negligence or impairment was the cause of the bodily harm. It is not enough for the prosecutor to simply show that an injury occurred and that the driver was negligent or impaired. They must prove a connection between the two.
An experienced defense lawyer is able to dedicate the necessary time and resources to your case to analyze your situation and ensure the best possible outcome. With so much at stake, it’s worth it to fight this charge with everything you’ve got. You don’t want to look back, when it’s too late, and wonder if you could’ve done more.
What to do next
If you’ve been charged with criminal vehicular operation, your next step is to contact an experienced attorney. Schedule a free consultation with us, and we’ll go over your case and create a plan for how to get your charges dismissed (or at least reduced) or fight for an acquittal at trial. Our goal is always going to be to achieve the best possible scenario for you.
You lose nothing by taking a free consultation — but you’ll gain information that could change your life for the better. Schedule a consultation with us now.