An Edina man is facing two counts of gross misdemeanor drunk driving charges after police responded to reports of an alleged erratic driver. Police claim that a caller reported the driving conduct shortly before 9:00 in the evening one day in late June. The caller claimed that the driver hit some curbs near the Galleria and also said that the driver was throwing beer cans out of his car. The caller gave a description of the vehicle, including a license number.
Edina Police say that they looked up the address of the registered owner of the car and went to the address of the woman named as the owner. The officer says that he saw the car approaching the home. Police say the driver hit a curb while turning onto the street where the owner lives.
Authorities claim that the 22-year-old man driving the car appeared impaired and spilled a burrito over his clothes while seeking his license and insurance information. Eventually, police arrested the man in suspicion of DWI.
Generally, cooperating with police during a traffic stop does not mean that a person has to make incriminating statements. A person suspected of a crime has the right to remain silent, and that right is in place even before an arrest. Law enforcement does not have to give a Miranda warning until they intend to ask questions in a custodial situation. What constitutes a custodial situation differs from case to case and involves the complex interplay between the facts and the law.
Edina Police claim the man admitted being kind of drunk during the traffic stop. Law enforcement also claims the young man offered the cop $1,000 to make the matter go away.
Authorities hauled the young man to the Edina Police Department, where authorities claim he urinated in his holding cell. Police claim to have found the man in a pool of urine on the floor. Officers say that during the booking process the man raised his middle fingers for the camera.
Edina Police accuse the man of refusing to provide a urine or breath test. He now faces several charges, including DWI test refusal, and third-degree DWI. The man reportedly was released on $12,000 bond and is scheduled to appear for arraignment in Hennepin County July 26.
Source: Edina Patch, “Edina Man Flips Bird During Mug Shot, Urinates in Holding Cell,” Betsy Sundquist, July 6, 2012
