Northfield man accused of felony DWI in Golden Valley

Golden Valley Police reportedly arrested a Northfield man on suspicion of felony drunk driving May 4. Law enforcement says that they received a report from a caller that someone was “slumped over” in a vehicle that was stopped at a Highway 100 exit ramp. Police responded to the area of Highway 100 and Highway 55 and claim to have found the Northfield man asleep in the driver’s seat of a pickup truck. Police claim that the truck was idling and the gearshift was in the “drive” position when they arrived at the scene.

The man is accused of felony driving while impaired, based upon allegations that he was three prior DWI convictions within the past three years in Minnesota. Those allegations are being used to enhance the current Minnesota DWI charges to the felony level.

Authorities reportedly filed a criminal complaint in Hennepin County that charges the man with one count of first-degree DWI and one count of felony DWI, based upon allegations that he refused to submit to an implied consent chemical test during the DWI investigation.

DWI test refusal is a crime under Minnesota law. Officers claim that the accused was taken in for chemical testing and he requested to speak with an attorney. Minnesota DWI and implied consent laws allow a limited right to speak with a DWI defense attorney prior to submitting to a chemical test. Authorities say that the Northfield man requested that his attorney should be present at the time of the chemical test, and that his lawyer could arrive within two hours.

The criminal complaint reportedly alleges that police said they would not wait for the attorney, as that would take too long. Authorities allege that officers requested that the man submit to the implied consent alcohol test again, and the Northfield man refused. Prosecutors are seeking the DWI test refusal charge based upon those allegations. The test refusal charge is being pursued as a felony under the alleged prior DWI convictions.

Fox 9 News reports that the accused has previously had his driver’s license cancelled as “inimical to public safety, and that his driving privileges have not been reinstated. This blog has previously discussed DAC-IPS situations under Minnesota law.

Authorities reportedly booked the accused into the Hennepin County Jail, with bond set at $50,000.

Sources:

  • My Fox Twin Cities, Channel 9 News, “Man found asleep in running truck arrested on 4th DWI,” Shelby Capacio, May 7, 2012
  • Northfield Patch, “Northfield Man Arrested for Fourth DWI in 10 Years, Blows 2.5 Times Legal Limit,” Betsy Sundquist, May 8, 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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