Man accused of DWI after Dinkytown car accident

A weekend car accident in Dinkytown has led to drunk driving charges for a St. Paul, Minnesota man. University of Minnesota Police claim that the 23-year-old drove a sport utility vehicle onto the sidewalk in Dinkytown Saturday night before crashing through a wrought iron fence in front of Burrito Loco. The SUV then reportedly hit the porch in front of a nearby house.

A security guard from the restaurant reportedly ran outside. The guard claims that the man driving the SUV attempted to leave, but the guard detained the driver until U of M Police could arrive. Police claim that when officers arrived and began a pat-search looking for weapons, the man attempted to run off again.

Law enforcement says that the suspect was apprehended and cuffed. Officers apparently grew suspicious that the driver appeared to be under the influence and began an investigation for evidence that the man was driving while impaired.

Law enforcement searched the SUV and claim that three bags were in the center console. Authorities believe that the bags contained a combined total of about 17 grams of what authorities suspect is marijuana. It is not clear from a report in the Minnesota Daily whether or not the man has been charged with any drug-related crime.

During the roadside probe, police claim that the man was unsteady on his feet after the car accident. But authorities did not request field sobriety tests. Police claim that they were afraid the driver would attempt to flee if he was subjected to FSTs. University police also did not give the man a preliminary breath test-officers say that the driver was spitting up blood after the car accident.

The driver was later taken to the hospital, where a blood test was reportedly performed-the results of the test have not been released.

The driver is accused of fourth-degree DWI and is scheduled to appear on the charges April 15. A newspaper account indicates that prosecutors may be considering property damage charges related to the incident. Burrito Loco says that the damage to the fence is in the $8,000 to $10,000 range.

Generally, a person accused of DWI may face a variety of consequences if convicted of the charge (in other posts, this blog has discussed civil consequences that can arise related to a DWI arrest, such as a revocation of driving privileges). Jail time, fines and other provisions may be included in a sentence following a DWI conviction. But it is also important to note that Minnesota law allows a judge to order restitution in cases where property damage has occurred, even where no criminal damage to property charge is filed.

Source: Minnesota Daily, “Drunken driver crashes into B. Loco,” Alexi Gusso and Jake Stark, March 5, 2013

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

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.