Criminal vehicular operation complaint

Amendment of complaint at trial to charge different subsection of criminal vehicular operation 

Defendant challenged his convictions for criminal vehicular operation and fourth degree driving while impaired challenging the amendment of the complaint at trial to charge a different criminal vehicular operation offense, and the entering of convictions on both offenses.  Noting that the amended complaint did not charge defendant with a new or different offense, but only charged defendant under a different subsection and eliminated the requirement that the defendant be under the influence of a controlled substance, the Minnesota Court of Appeal found no error.  However, 4th degree DWI is a lesser included offense of the criminal vehicular operation offense.  Affirmed in part, reversed in part, and remanded.

State v. Fry, A18-1837, Koochiching County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Tags: , , , , , , , , ,

DISCLAIMER: Throughout this website, there are statements on various laws. Please note that this is not legal advice, and no reliance should be taken thereon, and an attorney client relationship is not established hereby. Further, please note that these legal statements may not currently be up to date, because the laws can change daily, and this website does not. Thus, you will always need to actually retain a lawyer to establish an attorney client relationship, to rely upon any advice, and to obtain up-to-date legal research. Thank you.