Legal Question in Personal Injury in Minnesota

Motorcycle accident/Criminal Vehicular Operation

In Aug. '00, I was a victim in a near fatal motorcycle accident. The driver of the motorcycle took me against my will & while he was well above the legal limit (his BA was .18), because of his high BA, he was only minorly injured and was released the following day. I, on the other hand, have severe orthopedic injuries and spent 2 1/2 months in the hospital. He is only being charged w/Criminal Vehicular operation. Shouldn't he be charged w/other crimes? Due to the accident, I have been unable to work, my insurance has since dropped me and I have no income coming in. I also sustained injuries that I will never be able to fully recover from and which will effect me for the rest of my life. I am pursuing a civil case against him (I don't think my lawyer is working hard enough for me, however). I have also filed a dram shop case. I am concerened with both the criminal case, as well as the civil. Is he going to be able to get away with no time served? What exactly is Criminal Vehicular operation? What type of sentence does that carry? What are the ramifications (ie; loss of license, fine, etc.)? Thank you for any help you can provide to me regarding this matter.


Asked on 4/22/01, 2:35 am

1 Answer from Attorneys
Todd Johnson Johnson & Bannon

Re: Motorcycle accident/Criminal Vehicular Operation

I will try to answer your questions in the order that you asked them. The criminal charges are brought by the county attorney for the county where this occurred and they have sole discretion on what charges to bring. Criminal vehicular operation is a serious charge. I can't tell you what the possible penalty may be because there are several possible charges under this statute. The applicable statute is M.S. 609.21.

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Answered on 6/14/01, 5:22 pm


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