Man stopped for DWI now faces nine felony assault charges

Police claim a 26-year-old man from Akeley, Minnesota, resisted arrest during a DWI stop early Saturday morning. The incident allegedly occurred at roughly 1:30 a.m. in Hubbard County. News reports do not indicate why a state trooper originally decided to pull the man over. However, law enforcement claims the traffic stop grew more serious after the suspect did poorly on field sobriety tests.

Prosecutors say in a criminal complaint that the driver resisted arrest after the field sobriety tests. The complaint alleges the trooper attempted to place the driver in handcuffs on suspicion of DWI charges when he reached for the trooper’s Taser. Law enforcement claims the man then hit the trooper over the head several times with the Taser. The trooper says the driver pulled the Taser trigger, but the safety on the device was engaged so it did not fire.

The driver then tried to reach for the trooper’s handgun, according to the criminal complaint. Backup officers reportedly arrived and the driver reportedly fled the scene. Law enforcement claims the man tried to ram two squads with his car during a police chase, but the driver then crashed his vehicle. Officers say they used mace as they attempted to place the driver into a squad car after he was apprehended. Police claim the man kicked one of the officers in the chest during the incident.

The man reportedly had a prior DWI, dating from 2008. Minnesota law looks back ten years for prior convictions. Any prior DWI convictions entered within ten years of current allegations can be used to enhance a current DWI charge.

The Akeley man, however, now faces more serious charges than only the DWI allegations. Based upon the police reports, prosecutors are seeking nine counts of assault, including first-degree assault related to the alleged events surrounding the DWI investigation.

Source: CBS News, “Trooper making DWI arrest in Minn. is beaten with her own Taser,” Barry Leibowitz, Oct. 26, 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

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.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
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.