Apple Valley man held on fleeing, DAC-IPS and DWI charges

Rosemount Police claim that a 49-year-old Apple Valley man fled from a traffic stop during the early morning hours April 9. Police claim that an officer saw a car that was purportedly jerking in its lane. The Rosemount cop apparently decided to pull the driver over at roughly 1:15 a.m. The officer claims that the driver sped off from the traffic stop after the officer got out of the squad to approach the vehicle.

Police claim the man traveled down Highway 3 and drove erratically during an alleged police chase, which includes allegations that the driver reached speeds of 110 MPH. The chase ended when the driver pulled over at 195th Street West, according to Rosemount Police. The driver now faces serious charges, including felony fleeing police, driving after cancellation-inimical to public safety and misdemeanor drunk driving charges.

Authorities claim that the man was driving after cancellation, which is commonly referred to in Minnesota by the acronym DAC-IPS. This blog has previously discussed the issue of  a driving without a valid license violation, which can include DAC charges, along with driving after suspension and driving after revocation charges, and the special complications that such charges can present for a defendant.

There are a variety of reasons a person’s privilege to drive may be effected in Minnesota, ranging from failing to pay a fine or child support to allegations of driving while impaired. DAC-IPS charges in Minnesota are classified as a gross misdemeanor violation. Generally, a driver may be declared inimical to public safety after a third DWI offense within ten years.

The Apple Valley man is accused of a DAC-IPS offense in the recent incident. The allegations of fleeing police in a motor vehicle, however, may be more serious, as a fleeing charge is considered a felony in Minnesota when a motor vehicle is allegedly involved.

Law enforcement also claims that the driver was impaired; however, the blood test results reportedly remain pending from the Bureau of Criminal Apprehension crime lab. The DWI charges apparently involve misdemeanor allegations as a news report suggests that court records show that the man has not faced a qualified prior DWI incident within the past ten years.

A court hearing has reportedly been scheduled May 8 on the charges. The Apple Valley man was reportedly booked into the Dakota County Jail with bail set at $50,000.

Source: Rosemount Patch, “Suspected Drunk Driver Leads Police on High-Speed Chase,” Allison Wickler, April 18, 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

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