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

Confidential informants may provide integral information to help build criminal investigations, but how reliable is that information when they are receiving payment for their services? To protect them, state law requires the identity of informants be kept confidential. For those facing criminal charges, however, this creates challenges in questioning the accuracy and validity of the information given at trial.
Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.