Written by attorney Max A. Keller

What Happens if I'm Caught Texting While Driving?

In a recent survey reported in the Star Tribune newspaper, at least half of all teens surveyed said that they text while driving. We all know that teenage drivers are not the safest, because, for among others reasons, they are reckless, inexperienced, and believe they are invincible and can ** live forever.** To put an exclamation point on the problem, a Massachusetts teenager 18 years old was just sentenced to one year in prison for texting while driving causing the death of another driver. Under Minnesota law, that is a felony called Criminal Vehicular Homicide (CVO or CVH). And unfortunately, most of us are guilty of texting while driving, we just haven't hurt or killed anyone (yet). If you OR someone you know has been charged with a crime for Minnesota distracted driving, like Criminal Vehicular Operation or Criminal Vehicular Homicide, or DWI, or texting while driving, then you need a Tough, Experienced Minnesota Criminal Defense and Distracted Driving Attorney to keep you out of Jail now.

In Minnesota, the presumptive sentence under the Minnesota felony Sentencing Guidelines for a person with a clean record is 48 months (4 years) for Criminal Vehicular Operation Homicide, killing someone while committing a DWI or otherwise grossly negligent driving, like the accusations against Amy Senser. Many defenses are available under the law, however, and can be utilized by a skilled criminal defense attorney. Among these defenses are the following: the person did not commit a DWI, the accused driver--even if intoxicated--did not cause the accident, the alleged victim was negligent, or the accused driver's driving behavior, even if mistaken or negligent, does not rise to the level of Gross Negligence required for a conviction and prison sentence. In addition, texting while driving is my itself a Misdemeanor, even if no accident occurs and no one is hurt. That means the price for sending your friend a message while you are driving could be up to 90 days in Jail, a $1000 fine, and probation and probation fees.

If you or someone you know has been charged with a felony-level driving crime like Minnesota Criminal Vehicular Operation or Criminal Vehicular Homicide (CVO or CVH) then you need to call a tough, experienced, skilled attorney ASAP.

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