Criminal vehicular operation (CVO) in Minnesota refers to incidents where a driver operates a vehicle negligently, resulting in harm to another person. This harm can range from minor to substantial injuries. The state categorizes CVO into different degrees based on the severity of the injury caused and the circumstances of the incident.
Awareness of the various degrees of CVO is crucial for legal and personal reasons. Each degree corresponds to specific charges and penalties, influenced by factors such as the nature of the injury (great, substantial, or standard bodily harm). For example, causing "great bodily harm" may result in more severe charges and penalties than causing "substantial bodily harm."
Navigating the complexities of CVO charges requires a thorough understanding of the law. A defense attorney can be instrumental in challenging these charges. They can question the evidence of negligence, the accuracy of blood alcohol concentration (BAC) tests if intoxication is suspected, and the extent of the injuries claimed by the victim. By doing so, they can work toward reducing or dismissing charges.
For those facing charges in Minneapolis, please schedule a consultation with Brockton D. Hunter P.A. by calling (612) 979-1112.
Definition and Overview of Criminal Vehicular Operation
Minnesota Statutes § 609.2113 defines criminal vehicular operation. This statute outlines the circumstances under which a driver may be charged with CVO if they operate a motor vehicle in a manner that harms others. Crucially, CVO charges apply when the driver did not intend to murder or assault the alleged victim, distinguishing it from more deliberate criminal acts.
CVO charges can arise from several scenarios, regardless of the specific degree of offense. These include:
- Grossly negligent driving. This action involves behavior that shows a reckless disregard for the safety of others.
- Driving under the influence. A person can be charged if they are found negligently operating a vehicle while impaired by alcohol, a controlled substance, a cannabis product, or a combination of these. The law is strict on impairment, particularly if the driver's blood alcohol concentration (BAC) is 0.08 or higher.
- Presence of a Schedule I or II substance. If a driver is found to have negligently operated a vehicle and had any detectable amount of a Schedule I or II controlled substance in their system, they can face CVO charges, even if they are not visibly impaired.
- Failure to address vehicle malfunctions. A less commonly known factor is if a driver fails to fix a known vehicle defect after being cited by law enforcement, and this defect subsequently leads to an accident.
- Leaving the scene of an accident. Drivers involved in a crash who fail to remain at the scene and provide necessary assistance or information can also be charged with CVO, especially if the accident resulted in injury.
Criminal Vehicular Operation Resulting in Great Bodily Harm
Under Minnesota Statutes § 609.02(8), "great bodily harm" refers to injuries that pose a substantial risk of death, cause serious and permanent disfigurement, or result in the prolonged loss or impairment of the function of any body part or organ.
In the context of CVO, this degree of harm significantly elevates the severity of the charges and the corresponding legal consequences. This classification covers conditions that require extensive medical treatment and have long-term effects on the victim's quality of life.
Example of CVO-Great Bodily Injury
An example of CVO resulting in great bodily harm might involve a negligent driver causing a severe accident that leaves a passenger with life-threatening injuries. For instance, a negligent driver causing a crash that results in the passenger suffering traumatic brain injuries and spinal fractures. Such injuries not only pose a substantial risk of death but also lead to long-term medical challenges and a drastically altered lifestyle for the victim.
Potential Conviction Penalties
Causing great bodily harm through CVO is a serious felony offense. The legal penalties for such an offense include up to five years of imprisonment and/or fines of up to $10,000.
Criminal Vehicular Operation Resulting in Substantial Bodily Harm
According to Minnesota Statutes § 609.02(7a), "substantial bodily harm" refers to injuries that, while not as severe as "great bodily harm," still have significant physical consequences.
These consequences include:
- Temporary injuries that result in substantial disfigurement
- Substantial loss or impairment of the function of any bodily member or organ
- Or fractures of bodily members
Such injuries, though not necessarily life-threatening, can cause considerable pain, require medical treatment, and lead to temporary but significant limitations in the victim's daily activities.
Example of CVO-Substantial Bodily Injury
An illustrative case of CVO resulting in substantial bodily harm could involve a negligent driver crashing into an occupied restaurant. One of the occupants suffers burns from hot grease and a broken ankle. This incident exemplifies how negligent driving can lead to severe, though temporary, injuries that significantly impact the victim’s health and daily life.
Potential Conviction Penalties
Causing substantial bodily harm through CVO is a serious offense. However, it carries less severe penalties compared to causing great bodily harm. Convictions can result in up to three years of imprisonment and/or fines of up to $10,000.
Criminal Vehicular Operation Resulting in Bodily Harm
Under Minnesota Statutes § 609.02(7), "bodily harm" is defined as physical pain or injury, illness, or any impairment of physical condition. This category of harm includes a wide range of injuries, from minor to moderate, that can cause discomfort, pain, or temporary physical limitations.
Unlike more severe classifications, bodily harm does not necessarily involve long-term consequences or permanent damage. However, it is still a significant factor in legal proceedings related to CVO.
Example of CVO-Bodily Harm
A case that can illustrate CVO resulting in bodily harm involves a drunk driver who, while impaired, strikes a construction worker on the shoulder of the road. The incident results in the worker sustaining cuts on the forehead and legs. Although the injuries are not life-threatening, they still cause physical pain and necessitate medical attention.
Potential Conviction Penalties
Causing bodily harm through CVO is a misdemeanor, reflecting its relatively less severe nature compared to substantial or great bodily harm. The penalties for this offense can include up to 364 days of confinement and/or fines of up to $3,000.
While these penalties are less severe than those for more serious injuries, they still carry significant implications for the accused, including potential criminal records, financial burdens, and personal and professional consequences.
Navigating Criminal Vehicular Operation Charges
Knowing the various degrees of CVO charges and their associated penalties is crucial for anyone involved in such incidents in Minnesota. The charges carry significant legal and personal consequences. It is essential to know what the prosecution must prove to establish guilt and to be aware of potential defenses that can be raised, such as challenging the evidence or the nature of the injuries sustained.
For those facing CVO charges, seeking experienced legal counsel is imperative. A skilled attorney can investigate the incident, analyze the evidence, and build a robust defense strategy. Whether negotiating outside the courtroom or presenting arguments in court, having knowledgeable representation can affect the case outcome.
If you or a loved one is dealing with CVO charges in Minneapolis, contact Brockton D. Hunter P.A. to discuss your case. Call (612) 979-1112 today.