Charges for Involuntary Manslaughter After a DWI Crash
2 years ago by Brian
Crimes involving the killing of another human being in Minnesota go by a number of names, but murder is the offense involving the intentional killing of another person, while manslaughter does not necessarily involve an intent to kill. Anybody who is facing a murder or manslaughter charge following a drunk driving accident in Minnesota will want to be sure to find an experienced Minnesota DWI defense lawyer.
Deaths involving motor vehicles in Minnesota are charged as a criminal vehicular homicide rather than manslaughter, and the crime relates to people who kill other individuals even when there was no intent to kill. A criminal vehicular homicide charge can have serious repercussions for an alleged offender, so it becomes critical to invest in legal representation that can adequately defend against the charges.
Minnesota DWI Crash Charges
Minnesota Statute § 609.2112 establishes that a person commits criminal vehicular homicide if they cause the death of another person in an act not constituting murder or manslaughter when they operate a motor vehicle:
- In some grossly negligent manner.
- A negligent manner while they are under the influence of alcohol; a controlled substance; or any combination of the two.
- While the alleged offender has an alcohol concentration of 0.08 or more.
- While the alleged offender has an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving.
- In a negligent manner while the alleged offender is under the influence of an intoxicating substance and the alleged offender knew. or had reason to know that the substance has the capacity to cause impairment.
- In a negligent manner while the alleged offender has any amount of a Schedule I or II controlled substance, or its metabolite, other than tetrahydrocannabinols (THC) or marijuana, present in their body.
- Where the alleged offender who causes the collision leaves the scene of the collision in violation of state obligation to stop laws.
- Where the alleged offender had actual knowledge that a police officer previously issued either a citation or warning that a motor vehicle was defectively maintained.
- The alleged offender had actual knowledge that remedial action was not taken, the alleged offender had reason to know that such defect created a danger to others, and the resulting death was caused by such defective maintenance
Sentences in these cases can involve up to 10 years in prison and/or fines of up to $20,000. When a person is sentenced under Minnesota Statute § 609.2112(a) for a violation involving alcohol or drugs within ten years of a qualified prior driving offense, the statutory maximum sentence of imprisonment increases to 15 years.
Schedule a Free Consultation with a Woodbury Minnesota Criminal Defense Lawyer
Have you been charged near Woodbury, St. Paul Minnesota with DWI and criminal vehicular homicide? JS Defense can aggressively defend you in court and will work tirelessly to achieve the most favorable possible outcome for your criminal cases.
Our firm knows how to defend these cases and can conduct an in-depth independent investigation into your charges to determine the best way to proceed and hopefully earn a reduction or dismissal of the criminal charges. Call (651) 362-9426 or contact us online to schedule a free consultation that will allow us to completely examine the details of your case and also answer all of your legal questions.