Minnesota Criminal Vehicular Homicide Defense
When a tragic accident becomes a serious criminal charge, you need experienced, steady guidance on your side.
A Life Changed in an Instant
A serious crash is traumatic for everyone involved. When a person loses their life and prosecutors decide to file criminal vehicular homicide charges, the situation becomes even more overwhelming. You may be grieving, in shock, and trying to process what happened while also facing the possibility of prison, a permanent felony record, and long-term restrictions on your driving and civil rights. At Davis Defense Lawyers, we understand how devastating this is. Our role is to bring calm, clarity, and experienced guidance to an extremely difficult moment in your life.
How Criminal Vehicular Homicide Cases Are Built
These cases often involve detailed and complex evidence. Law enforcement may use crash reconstruction, event data recorders ("black box" data), vehicle inspections, toxicology reports, and witness statements to build their case. Prosecutors frequently allege:
- Driving while impaired by alcohol or drugs
- Grossly negligent or reckless driving behavior
- Excessive speeding, racing, or passing in dangerous conditions
- Texting or other distracted driving
- Leaving the scene of a crash involving injury or death
Our job is to carefully review every piece of evidence, identify weaknesses or inconsistencies, and make sure that the state is held to its burden of proof.
Key Issues We Investigate
A strong defense begins with a thorough investigation. In criminal vehicular homicide cases, we focus on:
- Accident reconstruction and whether it supports the state’s version of events.
- Weather, road, and traffic conditions at the time of the crash.
- The conduct of other drivers, pedestrians, or cyclists involved in the incident.
- The accuracy and reliability of speed estimates and collision calculations.
- The validity of breath, blood, or urine testing, including chain of custody.
- Whether your constitutional rights were violated during the stop, arrest, or questioning.
- Potential mechanical failures or defects in the vehicles involved.
DWI and Criminal Vehicular Homicide
In many cases, a criminal vehicular homicide charge is tied to an allegation of driving while impaired. That means the strength of the state’s case may depend on:
- How the traffic stop occurred and whether it was lawful
- Whether field sobriety tests were properly administered
- Whether breath or blood tests were taken according to procedure
- The timing of any testing and the handling of samples
Challenging the underlying DWI evidence can be a crucial part of defending against criminal vehicular homicide. If the state’s proof of impairment is weak or unreliable, it may significantly impact how the case is charged and resolved.
Potential Consequences
Criminal vehicular homicide is a serious felony offense. A conviction can result in:
- A lengthy prison sentence
- Substantial fines and restitution claims
- Long-term or permanent loss of driving privileges
- Felony probation with strict conditions
- A permanent criminal record that affects employment and housing
- Emotional and family consequences that can last for years
Because the stakes are so high, it is critical to have a lawyer who understands both the legal and human sides of these cases.
Compassionate, Strategic Defense
These cases are emotionally charged for everyone involved, including families, survivors, and the accused. At Davis Defense, we believe it is possible to respect the seriousness of the loss while still insisting on a fair process and a strong defense. We will:
- Listen to your story and explain your options in clear, honest terms
- Conduct a thorough, independent review of the evidence
- Work with experts when appropriate, such as accident reconstructionists or toxicologists
- Explore all possible resolutions, including reduced charges or alternative outcomes, when available
- Be prepared to take your case to trial if that is in your best interest
What to Do If You’re Facing a Criminal Vehicular Homicide Charge
Taking the right steps early can make a meaningful difference in your case:
- Do not discuss the incident with police, insurance adjusters, or anyone else without first speaking to an attorney. Politely invoke your right to remain silent and your right to counsel.
- Contact a criminal defense lawyer immediately. Early involvement allows your attorney to protect your rights during the investigation and preserve important evidence.
- Gather any documents or information you have, including photos, messages, medical information, and contact information for potential witnesses.
- Follow all court orders and release conditions, including any restrictions on driving or alcohol use.
- Work closely with your attorney to understand the charges, review the evidence, and decide on the best strategy going forward whether that means negotiating a resolution or preparing for trial.
Assault
Drug Crimes
DWI / DUI
Expungement
Implied Consent / Test Refusal
Probation Violation
Sex Offenses
Theft Crimes
Interference With a 911 Call
Traffic Offenses
Criminal Vehicular Homicide
Criminal Vehicular Operation
Gun Rights & Firearm Restoration
DANCO & OFP Violations
Domestic Assault
White Collar Crimes
Federal Crimes
Juvenile Crimes
Minnesota Criminal Vehicular Homicide FAQ
What is criminal vehicular homicide in Minnesota?
Criminal vehicular homicide generally involves causing the death of another person while operating a motor vehicle in a criminally negligent manner or while committing certain offenses, such as driving while impaired (DWI), leaving the scene of a crash, or grossly disregarding the safety of others. The exact definition and elements depend on the specific statute charged.
Is criminal vehicular homicide the same as murder?
No. Criminal vehicular homicide is a separate offense that specifically involves the operation of a motor vehicle. It is still a very serious felony that can result in substantial prison time and long-term consequences, but it is distinct from intentional homicide or murder charges.
Do I automatically go to prison if I am charged?
A charge is not a conviction. While criminal vehicular homicide carries the possibility of a lengthy prison sentence, the outcome depends on the facts of your case, your prior record, how the incident is charged, and the strength of your defense. An experienced defense lawyer can often make a significant difference in the result.
How does DWI affect a criminal vehicular homicide case?
Allegations of driving while impaired by alcohol or drugs often play a central role in criminal vehicular homicide charges. The state may rely on breath, blood, or urine test results, officer observations, and field sobriety tests. These tests and procedures can be challenged if they were not done correctly or if your rights were violated.
What should I do if I am being investigated after a fatal crash?
Do not discuss the incident with law enforcement, insurance companies, or anyone else about what happened before speaking with an attorney. Anything you say may be used against you later. Contact a criminal defense lawyer immediately to protect your rights and guide you through the investigation.