Alleged Minnesota ice fishing mishap leads to ATV DWI charges

It certainly has been an unusual year in terms of weather in Minnesota. The recent precipitation has provided many parts of the state with at least a dusting of snow, or more. It is important for Minnesotans to remember that Minnesota’s laws prohibiting driving while impaired extend beyond allegations involving cars, SUVs and other traditional vehicles.

Earlier this winter season, this blog reported a story of a snowmobile DWI arrest in Farmington that involved a man and a sled. Minnesota DWI laws essentially include any type of motor vehicle anywhere in the state. The laws do not necessarily only apply to cars on the state’s roads. The November story involved a snowmobile. More recently, an apparent mishap on a Minnesota lake has now resulted in ATV-related DWI charges for a man in Meeker County.

Authorities say they received a report of unsafe conditions on a lake near Litchfield, a community approximately 75 miles west of Minneapolis. The Meeker County Sheriff’s office says that law enforcement officers, including a conservation officer from the Minnesota Department of Natural Resources, were dispatched to Greenleaf Lake where an all terrain vehicle and an ice house apparently broke through thin ice. Greenleaf Lake is located between Litchfield and Hutchinson.

Authorities claim the ATV had broken through the ice, and plummeted to the bottom of the lake, while the fish house had sunk approximately 25 percent into the semi-frozen lake. After investigating the ice fishing incident, authorities arrested a 45-year-old Hutchinson man on suspicion of DWI, apparently related to his alleged use of the ATV.

Source: West Central Tribune, “Man arrested for DWI after ATV falls through ice on Greenleaf Lake,” Jan. 17, 2012

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.