Driving Offenses

Careless driving or reckless driving is a criminal offense in Minnesota (Minn. Stat. 169.13). These offenses may carry jail time and significant fines.

U.S. laws covering reckless or careless driving are extensive. Sometimes, those charged don’t even realize they have committed a crime. Importantly, each state has its own laws on reckless or careless driving.

Generally, careless driving means that you were operating a motor vehicle in a dangerous way. This means you disregarded the rights of other drivers, pedestrians, property. Likewise, it could mean you drove in a way that put people or property in danger.

If found guilty of careless driving, you may face 90 days in jail, with a fine up to $1,000.

Reckless Driving vs Careless Driving

Careless driving and reckless driving are similar, but not identical. Reckless driving happens when you ignore the likelihood that your driving could hurt someone or their property. Similarly, reckless driving is also charged if you engage in a motor vehicle race.

Careless driving means that you were operating a motor vehicle in a dangerous way. Both are misdemeanors that can carry up to 90 days in jail and a fine of up to $1,000.

In many careless or reckless driving cases, the offender has an explanation for their behavior. Common explanations can include:

• distraction by a personal issue.

• running late.

• sudden changes in weather conditions.

These are not excuses for criminal behavior. However, they may be valuable to explain why you were driving in a “reckless” or “careless” manner.

One of these charges on your record can have consequences for your future and finances. For example, many jobs require the ability to drive. Therefore, having a driving-related conviction can prevent you from getting certain jobs.

Minnesota drivers charged with a DWI are able to enter into a plea bargain. The deal allows them to receive a lesser, reckless driving charge. This is often referred to as a “wet reckless”. Ringstrom DeKrey attorneys have experience reducing DWI charges to a reckless driving charge.

The outcomes of a “wet reckless” conviction depend on the sentence from your plea bargain. Sentencing laws vary from jurisdiction to jurisdiction and there are many factors that affect outcomes. For instance, the level of damage you caused, if any.

A first-offense DWI in Minnesota is when you have no other DWIs within the past ten years. A DWI, sometimes referred to as a DUI (driving under the influence), can have both administrative and criminal penalties.

The law in Minnesota defines DWI (Minn. Stat. 169A.20) as driving, operating, or being in physical control of a motor vehicle while:

• Physically or mentally impaired from drugs or alcohol.

• Knowingly under the influence of a substance that is known to impair your driving abilities.

• A BAC (blood-alcohol concentration) of .08 percent or more.

• Any amount of a Schedule I or II drug in your system.

When you are being arrested for a DWI in Minnesota, it is a crime to refuse a breath test. In other words, it is an implied consent test refusal crime.

Implied Consent

“Implied consent” means that anytime you drive, you consent to an impaired driving test. Therefore, by simply driving you also consent to a breathalyzer.

In general, a criminal court issues penalties if convicted of a DWI. (For administrative penalties, see below.)

The first DWI in ten years is a misdemeanor, with a max 90-day jail sentence and a fine of up to $1,000. This increases to a gross misdemeanor if any of the following apply to your case:

• You refused a breathalyzer.

• The breathalyzer resulted in .16 percent or higher.

• A passenger was in your vehicle at the time of arrest who was under the age of 16.

The law will escalate your case to a gross misdemeanor if one or more of these are present.

You can face a jail sentence of one year and a $3,000 fine. Likewise, the law may force you to take a chemical dependency test, even with a first-time DWI offense.

The The Minnesota Department of Public Safety handles administrative penalties for DWIs. Interestingly, you may face administrative consequences even if you are not guilty of criminal charges.

As a first-time offender, you may lose your driver’s license for up to 90 days.

In addition, if you refuse a breathalyzer, or you tested .16 percent or higher, you may lose your license for one year.

The law may impose other administrative penalties like confiscating your vehicle or plate impoundment. This applies to first-time DWI offenses if your blood alcohol is .16 percent or more, especially if you had a passenger 16 years of age or younger in the vehicle at the time of your arrest.

What is Plate Impoundment?

Plate impoundment means you have to surrender the license plates from your vehicles. This applies to all vehicles registered in your name, even those you own with another person.

To drive those vehicles again, you need to apply for special plates often called “whiskey plates.”

n Minnesota, gross misdemeanor DWIs can be either second-degree (Minn. Stat. 169A.25) or third-degree (Minn. Stat. 169A.26) charges. A second-degree charge requires at least two aggravating factors. Meanwhile, third-degree charges require only one of these factors (or a test refusal). Here is a list of aggravating factors.

• prior DWI in the past ten years.

• blood-alcohol concentration of 0.16 percent or higher.

• a passenger in the vehicle who was under 16 years old.

The main feature of a second-degree DWI is that your vehicle is subject to forfeiture. Even if you are able to win the forfeiture case, you will be without your vehicle for some time.

We have successfully returned many vehicles to clients using forfeiture challenge lawsuits. Call us to see how we can get your vehicle back.

The amount of time in jail depends on the factors involved in your arrest and your past DWI convictions.

If you have two prior DWIs on your record within the past ten years, your sentence will be at least of 90 days in jail.

Individuals with one prior DWI conviction within ten years, the penalty is 30 days of jail. Similarly, elevated blood-alcohol readings may result in a more severe penalty.

If an accident occurred, you must stop your vehicle as soon as possible and go back to the scene of the accident. The law requires you to provide your name, address, date of birth, and registration.

If you’ve hit an unattended vehicle, you must attempt to find the owner, contact the police, or leave your contact information. Failure to do so can result in a “hit and run” incident, treated under Minnesota Statute 169.09 (“Collisions”).

The law can charge you with a felony for a hit and run if the accident involved the death of an individual. This applies even if your vehicle didn’t cause the collision.

Hit and run charges have a potential sentence of up to three years in prison and fines that can go as high as $5,000.

Non-fatal hit and runs are also charged as crimes. Great bodily harm, as defined by Minnesota law, carries a penalty of up to two years in prison and a fine of up to $4,000.

A substantial bodily harm hit-and-run conviction can result in up to one year in prison and a fine of up to $3,000.

The definition criminal vehicular homicide is being negligent or impaired while operating a vehicle and causing the death of another person.

This type of homicide applies in the following situations:

• You were grossly negligent (see definition below) in your driving conduct.

• Drove with negligence of a lesser degree but were also under the influence of drugs or alcohol.

• Caused an accident and left the scene without exchanging information (hit and run).

• The police issued you a citation for faulty maintenance of your vehicle. Meaning, you did not repair your vehicle, which caused the accident and someone’s death.

What does Gross Negligence Mean?

Gross negligence means one has acted without any regard towards putting another person at risk of harm. Essentially, it means that you were oblivious that your actions could hurt others.

Criminal Vehicular Homicide Penalties

Criminal history plays a part in determining the penalties of vehicular homicide.

This offense can carry a ten-year prison sentence and a fine of $20,000.

If you have certain types of driving offenses on your record in the past ten years, the maximum prison sentence is 15 years.

With a criminal vehicular homicide charge, your driver’s license is immediately suspended. If convicted and there were drugs or alcohol involved, your license can be revoked for six to ten years.

Criminal vehicular homicide is one of the most serious driving-related offenses in Minnesota. Our team has secured not guilty verdicts in many criminal vehicular homicide cases. We bring deep experience to this type of case. Contact us to see how we can help you defend these charges.