How Does a Criminal Vehicular Homicide Charge End up as a Simple Reckless Driving Conviction with No Time?
Jack Rice Defense recently represented a young man who was charged with criminal vehicular homicide and was looking at years in prison. After more than a year and an enormous amount of effort, that case just settled with a simple reckless driving charge with no time to serve. However, and let’s be clear, this doesn’t just magically happen.
When a criminal case starts out with a dead body, a person, it is a horrible beginning. When that case is charged out as a criminal vehicular homicide, it gets even worse very very quickly. The loss of a person is undeniable and all of the surrounding evidence that documents that loss in a very physical, brutal and visceral way makes defending this kind of a case even more complicated and more challenging. However, there is always more than just one story. An experienced criminal defense attorney who has done this countless times is a necessity.
In order to successfully defend this kind of a case, the Defense must first acknowledge autopsy reports and grieving family members. However, the Defense cannot simply end there. The Defense must turn to the minutes, hours or even days leading up to that singular incident. The Defense must also understand the dynamics of what was going on inside that car just before the crash that resulted. Contact Jack Rice Defense and sit down for a free confidential consutlation.
Definition of Criminal Vehicular Homicide
According to the Minnesota Statute, criminal vehicular homicide can be charged if the person causes the death of another person as a result of operating a motor vehicle:
In a grossly negligent manner (meaning not under the influence of alcohol or drugs);
In a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
While having an alcohol concentration of 0.08 or more;
While having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
In a negligent manner while under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;
In a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;
Where the driver who causes the collision leaves the scene of the collision in violation of section 169.09, subdivision 1 or 6; or
Where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.
Penalties for Criminal Vehicular Homicide
A person found guilty of criminal vehicular homicide could face the following sentence:
A Felony conviction;
Up to ten years in prison;
Up to a $20,000 fine, or both.
Jack Rice Defense’s recently represented this kind of a case. Like any case of this nature, it was brutal and emotional and difficult. Nevertheless, to simply accept the State’s argument about what happened is rarely if ever an appropriate response for the Defense. As a result, and after a year and a half and enormous we did our own investigation and talked to the surviving people and other witnesses. In the end, it made all of the difference. Taking this information back to the prosecutor, the Prosecutor agreed to amend the Criminal Vehicular Homicide charge down to Simple Reckless Driving. Jack’s client never went to prison and in fact never spent another day in jail. He essentially pled to a simple moving violation and was able to move on with his life.
Jack Rice, the founder of Jack Rice Defense, is a Board Certified Criminal Law Specialist, a former Prosecutor and an experienced Criminal Defense Attorney. Further, he was acknowledged as the Minnesota Law of the Year for 2021. If you are facing serious criminal charges including criminal vehicular homicide, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.