Man arrested for DWI-related charges after Stillwater nursing home accident

A Rochester man was arrested in suspicion of driving while impaired after a car accident at a Stillwater nursing home. Police claim the man stole his girlfriend’s sport utility vehicle and around 1:00 Sunday morning struck two cars in Stillwater, before running the SUV into a nursing home. The 31-year-old man may be facing serious charges, including felony motor vehicle theft, second degree DWI and criminal vehicular operation (CVO) related to the allegations. The second-degree DWI and the CVO charges the man may be facing are gross misdemeanor charges.

A spokesperson for the Stillwater nursing home says the SUV knocked out a window and a wall at the nursing home. The spokesperson says the SUV crashed into the room of two residents of the home. One of the residents reportedly suffered cuts and was treated at an area hospital and released. The second resident of the nursing home reportedly was not injured.

A sergeant with the Stillwater Police says the driver has prior DWIs on his record. Law enforcement claims the man was driving with a revoked license at the time of the accident.

In Minnesota, a felony charge is defined as any charge that carries a potential sentence of at least one-year-and-one-day. Gross misdemeanor charges expose a person to significant jail time as well. A person could be sentenced up to a year in jail for a gross misdemeanor conviction. Convictions for gross misdemeanor DWI offenses also carry mandatory minimum jail time. In additional to potential incarceration, DWI convictions have other consequences under Minnesota law.

Generally, Minnesota’s implied consent law allows for a person’s driver’s license to be revoked after a DWI arrest, even without a conviction for a Minnesota DWI charge. The license revocation can be challenged; however, an implied consent license revocation is a separate matter from the criminal DWI charges.

Source: Pioneer Press, “For smashing into nursing home, hurting one: DWI charges,” Dec. 11, 2011

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

Students with juvenile convictions in their records and intending to apply for college may wonder, “Do juvenile crimes impact college admissions?” A juvenile crime in Minnesota can lower the odds of your child’s college application getting approved. A conviction of a serious juvenile crime may result in an automatic rejection of college applications. A minor with a criminal record may be disqualified from accessing student loans or grants.
Defendants convicted of a crime may ask, “What is the post-conviction process, and how long does it take?” A petition for post-conviction relief allows you to contest the legality of a criminal conviction or sentence following an unsuccessful direct appeal process or passing the appeal deadline. This petition involves legal issues not addressed at trial or direct appeal. These issues include a constitutional rights violation, newly discovered evidence, and inadequate or ineffective lawyer representation.
Knowing how long the sentencing phase takes in Minneapolis, MN, can help you ease worries and work towards receiving a fair sentence. The sentencing phase of the criminal justice process usually takes only minutes, especially when the judge approves the sentence negotiated in a plea bargain. Sentencing can sometimes be lengthy, particularly when you get convicted at trial, and the judge schedules a hearing to a later date to decide on appropriate legal penalties. The nature and seriousness of the criminal conviction, whether your sentence is negotiated or determined by a judge, and continuance motions are some factors that may affect the length of the sentencing phase.