Criminal Vehicular Homicide

Criminal Vehicular Homicide is a very serious offense. Under the Minnesota Sentencing Guidelines, a person convicted of even one count, is facing a minimum of 48 months in prison.

In Minnesota, criminal vehicular homicide laws are primarily governed under Minnesota Statutes, Chapter 609 (specifically sections 609.21 and 609.2112). Criminal vehicular homicide occurs when a person is killed as a result of a driver’s negligent or intentional actions while operating a vehicle. The laws are intended to hold drivers accountable for fatal accidents caused by reckless, careless, or impaired driving.

Here’s an overview of the key points related to criminal vehicular homicide in Minnesota:

1. Types of Criminal Vehicular Homicide:

Criminal vehicular homicide can occur under several circumstances:

• Reckless driving: When a person drives in a manner that is considered reckless or shows a disregard for the safety of others.
• Under the influence of alcohol or drugs (DWI): When a person causes a fatal accident while driving under the influence of alcohol or drugs.
• Gross negligence: When the driver is grossly negligent in a manner that leads to the death of another person.
• Leaving the scene of an accident: If the driver involved in a fatal accident flees the scene (hit-and-run) without providing assistance or identifying themselves.

2. Penalties:

The penalties for criminal vehicular homicide depend on the circumstances of the case. They can range from felony charges to misdemeanor charges and typically include:

• First-degree criminal vehicular homicide (Minn. Stat. § 609.21): This applies to situations involving reckless driving, impaired driving (drunk driving or drugs), or when someone intentionally causes the death of another person while driving.
  • Penalty: Up to 20 years in prison and a fine of up to $40,000.
• Second-degree criminal vehicular homicide (Minn. Stat. § 609.2112): This occurs when someone causes the death of another person through gross negligence, such as driving carelessly or violating traffic laws that directly lead to a fatal accident.
  • Penalty: Up to 10 years in prison and a fine of up to $20,000.
• Third-degree criminal vehicular homicide: This is typically charged when a person causes a death due to negligence, such as texting or other distracted driving.
  • Penalty: Lesser sentences than first-degree charges but still can result in significant time in prison or substantial fines.

3. Aggravating Factors:

The charges may be aggravated if there are additional factors, such as:

• A history of DWI offenses.
• The driver was speeding excessively.
• The driver was driving with a suspended or revoked license.
• The driver was involved in a hit-and-run.

4. Defenses:

Potential defenses against criminal vehicular homicide charges can include:

• Lack of intent or recklessness: Arguing that the driver did not act recklessly or with the intent to harm the victim.
• No causation: Demonstrating that the driver’s actions were not the direct cause of the accident or death.
• Medical conditions: In some cases, a medical condition or emergency could lead to an accident that may provide a defense.