Criminal Vehicular Operation (Minnesota)

MN DWI Attorney

Criminal Vehicular Operation and DWI often come together. Most cases of Criminal Vehicular Operation can be traced to drunk driving. There are different types of this crime, and the court considers both the fact that the driver is not sober and any other crime he or she commits.

Criminal vehicular homicide is one form of Criminal Vehicular Operation, and DWI is usually involved. Vehicular homicide is presumed when drunk driving leads to a death. (This does not apply if the death is considered to be murder or manslaughter.)

You may think that this will never happen to you, but if you drive while intoxicated, you may find yourself in this grim situation. Besides the usual driver's license revocation problems, you will have to deal with a criminal case that starts with the drunk driving charges and ends in the homicide charges.

Great bodily harm is a term reserved for serious injury suffered by a person. As a mixture of Criminal Vehicular Operation and DWI, it is taken seriously. This means that you have done permanent injury to the person. He or she may be disabled after the incident. Not only will the criminal charges be heavy, but you could also be sued to cover the cost of the person's medical care for life. It could ruin you financially.

Substantial bodily harm is similar to great bodily harm in its severity. However, the effects are temporary. The wounds can be healed with time and damage to the body can be repaired. However, this comes with great suffering, and charges for this Criminal Vehicular Operation and DWI are severe.

The only Criminal Vehicular Operation offense that can be charged as a gross misdemeanor instead of a felony is bodily harm in which there is some pain or injury. This will result in a DWI conviction, along with punishments for the crime of bodily harm.

There is provision in Minnesota law for the punishment of drunk drivers who cause the death of an unborn child. Even if the offender has no other DWI convictions, he or she will be committed to prison for at least 48 months, or 4 years. With prior convictions, this time period can go up.

Injury to an unborn child through Criminal Vehicular Operation is also a felony under Minnesota law. This is not surprising, since you can alter the course of that child forever with one careless drunk driving incident. For example, the child may have to be delivered early, in which case it may be very premature. Despite medical advances, premature infants still have problems that they would not have if they had been carried to full term.

Although Criminal Vehicular Operation and DWI are so closely connected, there are other ways to do Criminal Vehicular Operation. If you drive in an extremely negligent way, you can be found guilty of it. Also, if you leave the scene of an accident after causing it, you can also be charged for it. However, DWI is still the most prominent cause of this crime and you can avoid it best by limiting or eliminating alcohol from your habits.

If you have been arrested for a DWI in Minnesota contact the Law Office of Meshbesher and Associates.

Car accidents are scary. Even minor accidents or fender benders can cause a lot of turmoil and confusion. Even though car accidents occur everyday most people think that an accident won't happen to them. Would you know what to do if you were involved in a car accident? Most people don't. If you're in a car accident, regardless of who is at fault, here are the 5 most important things for you to do immediately after the accident:

1. Stop - If you're in the middle of the road or not in a very safe place then get your car off to the side of the road if you can. If you can't move your car get yourself and your passengers out and get off the road. Make sure the other driver stops too. If the other driver doesn't stop try to get the license plate number of the car.

2. Check to see if you or your passengers are injured - Obviously if anyone is seriously injured you'll know, but not all injuries are immediately visible. Check yourself over thoroughly and check to see if your passengers are hurt. Try to not move too much except to get out of the car.

3. Call the police- Even if it's just a fender bender you should always call the police. You will need a police report about the accident to file a claim or in case there are legal complications. Call the police immediately and wait for the police to arrive.

4. Document the damage- In order to preserve the evidence it's important to take photos of the car as soon after the accident as you can. Use a camera that has a date stamp or time and date stamp so that the photos will show they were taken immediately after the accident. If there is a problem with the claim or if there is a lawsuit you will need those photos as evidence.

5. Get checked out by a doctor and encourage your passengers to do so as well - Even if you don't feel that you're injured or you think that a trip to the emergency room really isn't warranted it's important that you have medical evidence to document any injuries that might be a result of the accident.