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

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