Charged with Criminal Vehicular Homicide in Minnesota? What you must know.
Driving under the influence of alcohol or drugs is not only illegal but can have devastating consequences. In Minnesota, if a driver is impaired and causes the death of another person, they can be charged with Criminal Vehicular Homicide (CVH)—a serious felony that carries significant penalties, including loss of a driver’s license, heavy fines, and lengthy prison sentences. In extreme cases, prosecutors may pursue even more severe charges, such as third-degree murder.
What is Criminal Vehicular Homicide?
Criminal Vehicular Homicide occurs when someone causes the death of another person while operating a vehicle under certain dangerous circumstances. These may include:
- Driving while under the influence of alcohol or drugs (DWI/DUI). This includes having alcohol concentration of 0.08 or more, being “impaired” by any substance, or having any amount of a Schedule I or II controlled substance in your body.
- Operating a vehicle in a grossly negligent or reckless manner. Although many circumstances justify this charge, occasionally some over-zealous prosecutors have charged this crime for traffic accidents that result in death to another for mere negligence, such as not stopping for a stop sign or minor speeding.
- Fleeing the scene of an accident where a death occurred. You may be familiar with the case where Amy Sensor was convicted for leaving the scene after she struck and killed Anousone Phanthavong.
Criminal Vehicular Homicide is a felony in Minnesota, and the consequences are harsh if convicted. They include:
Prison Time: A conviction can result in up to 10 years in prison, or more if there are aggravating factors.
Fines: Fines can reach up to $20,000.
Loss of Driver’s License: A conviction leads to the revocation of the defendant’s driver’s license for at least 10 years, making it difficult to maintain employment or engage in daily activities.
A Recent Example: The Case of Steven Bailey
The tragic case of Steven Bailey serves as a stark reminder of the consequences of driving under the influence. News reports indicate Bailey had four previous DWI incidents and his alcohol concentration was 0.32, four times the legal limit to drive, when he drove into a group of people killing two people outside Park Tavern in St. Louis Park, Minnesota. Two weeks after his arrest, the Hennepin County Attorney charged Bailey with two counts of Murder in the Third Degree.
In this case, prosecutors believed Bailey’s actions were so reckless they elevated the charges to Murder in the Third Degree under Minnesota Statute § 609.195. This charge applies when someone causes death through an act that is "eminently dangerous to others" and shows a "depraved mind" without regard for human life. If convicted, Bailey faces up to 25 years in prison for each count and fines of up to $40,000.
We seldom saw prosecutors file Murder in the Third-Degree criminal charges under this law until a few years ago. You may remember the case where a drunk snowmobiler with a prior DWI struck and killed an 8-year-old boy, “Little Alan.”
Later, Hennepin County prosecutors charged police officer Mohamed Noor with third-degree murder after he shot and killed Justine Ruszczyk Damond. In a controversial case, he was convicted and sentenced to 12 ½ years in prison. The Minnesota Supreme Court reversed the conviction for Third-Degree Murder, finding the facts of the case did not fit the crime. Ramsay Law Firm attorney, Daniel Koewler, filed written legal arguments with the Minnesota Supreme Court advocating for reversing the conviction in this case.
These cases highlight how prosecutors are becoming aggressive in using Murder in the Third-Degree charges. We believe prosecutors may be using this law to leverage pre-trial negotiations.
Potential Defenses to Criminal Vehicular Homicide and Third-Degree Murder Charges
Given the serious consequences of a Criminal Vehicular Homicide or third-degree murder charge, mounting a strong defense is crucial. A skilled criminal defense attorney may explore several strategies to either secure a not-guilty verdict or reduce the severity of the consequences.
1. Challenging the Evidence of Intoxication:
Defense attorneys may challenge the timing and accuracy of blood alcohol tests, breath test results, or other forms of evidence that suggest the defendant was intoxicated at the time of the accident. If the test was improperly administered or the results were flawed, the charges could be reduced or dismissed.
In some cases, an accident reconstruction expert can provide testimony to show that the crash was caused by factors other than the defendant’s intoxication or negligence. For example, poor road conditions or mechanical failures may have been the real cause of the accident.
A key element in both Criminal Vehicular Homicide and third-degree murder charges is causation—prosecutors must prove that the defendant’s actions directly caused the deaths. If the defense can create reasonable doubt about whether the defendant's intoxication or driving was the actual cause of death, a not-guilty verdict may be possible.
4. Negligence vs. Gross Negligence:
A defense attorney may argue that the defendant’s actions amounted to ordinary negligence, rather than gross negligence or recklessness. This distinction can reduce the severity of the charges or penalties.
5. Plea Bargaining:
In some cases, a defense attorney may negotiate a plea bargain with the prosecution to reduce the charges or minimize the penalties. For instance, the prosecutor may agree to drop third-degree murder charges or Criminal Vehicular Homicide charges, in exchange for ordinary DWI. This can reduce or eliminate potential prison time and avoid a felony conviction.
Conclusion
Criminal Vehicular Homicide is one of the most serious charges a person can face in Minnesota after causing a fatal accident while under the influence. The consequences, including long-term prison sentences, hefty fines, and the loss of driving privileges, are life-altering. In extreme cases, like that of Steven Bailey, prosecutors may seek even more severe charges, such as third-degree murder, which carries even higher penalties.
If you or someone you know is facing Criminal Vehicular Homicide or related charges, it is critical to consult with an experienced criminal defense attorney. A well-prepared defense can challenge the evidence, question the legal basis of the charges, and potentially reduce the devastating consequences of a conviction. Learn why hiring a board-certified DWI Law Specialist is critical.