Minnesota trooper arrests man without pants for DWI in Richfield

An out-of-state driver was pulled over for allegedly speeding near 66th street on Interstate 35W May 24. A Minnesota state trooper says that the man may have committed other minor traffic violations before the trooper decided to make the traffic stop around 2:30 in the morning. Like many traffic stops, the trooper claims to have noticed indicia of intoxication during the stop, and ultimately the driver was arrested on suspicion of driving while impaired.

The trooper says that during the stop on I-35W in Richfield, Minnesota, the driver displayed symptoms of impairment, such as slurred speech, watery eyes and other commonly used symptoms that a driver may display at 2:30 a.m. The trooper reportedly expanded the investigation into a DWI case.

Law enforcement claims that the driver admitted to having consumed some wine before driving, although a person suspected of a criminal offense has the right to remain silent, and need not answer such questions.

The trooper says that when he asked the driver to step out of the car, the trooper noticed the man was not wearing any pants. It is not clear whether the man was allegedly nude from the waist down, whether he may have been wearing briefs or boxers.

The trooper claims that a roadside preliminary breath test gave him probable cause for a DWI arrest and a breath test at the police station reportedly showed a 0.16 percent alcohol concentration. This blog has previously discussed that a 0.16 percent BAC reading can increase some of the consequences of a DWI arrest. An implied consent license revocation is generally extended in a case involving a 0.16 BAC reading in Minnesota.

But the case in Richfield is more severe for the man accused of DWI, apparently based upon his prior record. Prosecutors claim the New York man has a prior conviction in his home state, and Hennepin County is seeking felony DWI charges against the New York man for the recent Richfield, Minnesota DWI bust.

The driver reportedly posted $60,000 bond, and is free pending an omnibus hearing June 26 in Hennepin County District Court.

Source: Richfield Patch, “Pantless Man Charged With Drunk Driving,” Betsy Sundquist, May 31, 2012

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.