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.

Years of Experience: Approx. 20 years
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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.