Legal Question in Criminal Law in Minnesota

accident / DUI

My son was in an accident, single car, his car, with a friend. They had been drinking, left the scene. Neither one of them remembers who was driving, they know who was supposed to drive, the friend had the keys all night, he drove to the party. My son was arrested at his house 1 hr after the accident. He has been charged with DUI, and careless vehicular opperation with injuries. The injuries are because the friend was taken to the Dr. after he walked to the PD to see how my son was! He was intoxicated. He told the police he wasn't driving, but he was supposed to be. They took him to detox. His only injuries are cuts on his knuckles. My son spent 2 nights in jail until we posted bond. We have looked closely at pictures of the car, blood above the drivers head look like knuckle prints. The windsheild is almost touching the steering wheel. The friend complains of head ache, feels like he has hit hard. My son only has some scratches on his forearms, the passenger side of the car isn't as damaged as the drivers side. What proof do the courts need to prove my son was driving. He really doesn't think he was. He only remembers a spilt second of the accident and what he remembers is being on the passenger side of the car.


Asked on 4/20/08, 2:10 pm

3 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: accident / DUI

Normally either the police of the MN Dept of Public Safety will administratively revoke a person's drivers license, based upon the police officer's belief a person was driving plus an alcohol report of 0.08 or more. That must be challenged by the driver (his lawyer) filing a legal challenge to this within 30 days or it is forever too late to do so. The burden is on your son to get this done within 30 days, in order to get a hearing -- otherwise the alcohol-related license revocation will become permanent.

As for the criminal charge, it sounds like he may have some good defenses, and a defense lawyer like me would have some facts to work with. Where the driver is in doubt, two quick comments: (1) the burden of proving this is on the state, though they can use circumsantial evidence and admissions; and (2) if there is blood on the windshield, it's location could be persuasive once identified by DNA or blood type.

Call me if you'd like to discuss my helping him.

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Answered on 4/21/08, 4:36 pm
Derek Patrin Meaney & Patrin, P.A.

Re: accident / DUI

This is a very serious crime, with very serious consequences if the state can convict your son. However, the state absolutely needs to prove beyond a reasonable doubt that your son was driving that vehicle when the accident occurred. They can do this with circumstantial evidence if it's strong enough. From your description, it sounds like your son has an excellent case to defend. Also be aware that the Dep't of Public Safety can suspend his driver's license at any time for his role in this offense. The license action can be challenged too, but in that proceeding, the state only has to prove that it was more likely than not that your son was the driver. That is less than reasonable doubt. Unless your family is completely destitute, your son should have a private attorney representing him. It might feel like a slam dunk dismissal to you, but trust me, the politics of DWI enforcement in this state can really skew the court's view of these things.

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Answered on 4/20/08, 11:40 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: accident / DUI

I am happy to hear that you son was not injured. Certainly, this matter could be far worse.

Nonetheless, your son has been charged with a very serious crime. If convicted, he may face jail time and fines. Moreover, a conviction can have a long lasting impact on his recordprcluding him from acquiring employment.

Fortunately, your son appears to have a verty strong defense. The burden of proof falls on the state to prove, beyond a reasonable dount, that your son committed the offiense. That may be very difficult with the limited evidence in this case. To properly defend, you may wish to hire an experienced lawyer and, potentially, an expert witness to discuss how the accident occurred.

For a consultation call 612.240.8005 or visit dwicounsel.com

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Answered on 4/21/08, 9:55 am


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