Inver grove police arrest man on DWI, domestic abuse and carrying under influence

Police believe that a domestic spat led to several charges for an Inver Grove Heights, Minnesota man last week. Law enforcement says that the man was driving through an Inver Grove Heights intersection around 12:38 in the morning without any headlights illuminated.

Inver Grove police made a stop to investigate and claim that officers suspected that the man in the driver’s seat was under the influence. The officers apparently expanded the scope of the traffic stop to investigate a possible driving while impaired offense.

Law enforcement claims that the man admitted drinking three beers that night during the stop. Police also reportedly include indicia of impairment in the police report, including the often cited observation of bloodshot or watery eyes, slurred speech and the alleged smell of alcohol. During the roadside probe, authorities claim that the driver tested 0.155 percent in a preliminary breath test.

But, law enforcement says other legal issues arose during the traffic stop. Law enforcement claims that a fully loaded gun was recovered from between the driver’s seat of the car and the center console. Police claim that the driver said that he left home to avoid a spat, but officers claim that the man appeared to have blood on his lip.

Meanwhile, law enforcement says that a car passed the DWI investigation three times. That car was registered to the same address where the driver lives, and law enforcement apparently made a second traffic stop of the passing car.

The female driver of that vehicle claims that the male driver and she had an argument, which turned physical. Officers claim the woman was missing several fake fingernails and had blood on her fingers; she accuses the male driver of slapping her during the argument.

The man was taken into custody on suspicion of DWI, domestic abuse and carrying a pistol with an alcohol level of 0.10 percent BAC or greater.

In general, Minnesota law prohibits a person who is under the influence of alcohol or a controlled substance from carrying a pistol on about the person’s clothes or person. Like the DWI statutes, Minnesota’s law on carrying while under the influence has specified enhancements.

The legal limit for carrying a pistol is lower than the general legal limit to drive a vehicle. The law makes it a misdemeanor to carry with a BAC reading of 0.04 percent or more, and the law sets higher consequences with a reading of 0.10 percent or more.

Sources:

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

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
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The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.