Former state senate staffer accused of DWI in Lilydale, Minnesota

Many people may believe that a person is charged immediately after a drunk driving investigation in Minnesota. That is true some of the time, however, many factors may arise that delay the charges. A felony DWI, an investigation into a criminal vehicular operation offense, and other DWI investigations can take days, weeks, or more as prosecutors pore over the evidence in deciding what charges to bring. DWI investigations involving toxicology testing of blood or urine samples can create significant delays in charging.

A former Minnesota Senate staff member is facing fourth-degree DWI charges after he was allegedly involved in a traffic wreck in January. The Lilydale City Attorney announced Wednesday that the former senate staffer will be charged with misdemeanor DWI and careless driving charges.

Authorities accuse the man crashed his car in Dakota County January 23. The Minnesota State Patrol says that the man slammed into a bridge support in Lilydale along Interstate 35E. He was hospitalized after the wreck. Authorities say that the former senate worker suffered critical injuries in the wreck. It does not appear that anyone else was involved in the car crash. The state patrol claims that the man measured 0.10 percent blood alcohol concentration on the night of the crash. He reportedly will be facing misdemeanor DWI charges.

The story raises the distinction between when an injury accident may lead to misdemeanor DWI charges and when allegations may lead to CVO or CVH charges.

Generally, a driver may face criminal vehicular homicide or operation charges in Minnesota after an alleged drunk driving crash involving injury to or the death of another. CVO or CVH charges are serious offenses, but do not apply under the language of the statute if the only injury involves the alleged drunk driver directly.

Sources:

  • St. Paul Pioneer Press, “For Michael Brodkorb, DWI charges after crash last month,” Marino Eccher, Feb. 13, 2013
  • Minnesota Statutes section 609.21

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

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