One car–Two people charged with Minnesota DWI after speeding stop

A Minnesota State Patrol Trooper accuses two people of driving while impaired-each of the accused was in the same car, during the same alleged pursuit. The trooper claims that while patrolling Interstate 35 near Duluth late last month, a car passed the patrol car traveling 92 miles per hour.

He claims that he pursued the car, and at some point, the trooper claims that the man driving the vehicle and a female passenger switched seats. It is unclear in the media has fast the car was traveling when the couple allegedly switched seats. The alleged switcheroo serves as part of the basis for why DWI charges have been filed against each of the people in the car during the alleged pursuit.

The trooper says that when he pulled over the car, a 21-year-old woman was sitting in the driver’s seat. Authorities assert that the man denied ever being behind the wheel of the vehicle that night. Yet, he is facing DWI charges related to the incident. KAAL TV reports that, in addition to DWI charges based upon some alleged evidence of impairment, the 28-year-old man found in the passenger seat is also facing a charge for DWI test refusal.

Generally, Minnesota’s implied consent and DWI laws treat test refusal as a crime in and of itself. However, prosecutors must still prove that a person was driving or in physical control of a vehicle and that there was a sufficient basis for the officer to request an implied consent chemical test, among other factors, to support a DWI test refusal charge.

Authorities claim that the woman found behind the wheel was impaired and she has been charged with DWI.

Source: KAAL-TV, “Complaint: 2 Charged With DWI After Switching Seats During Pursuit,” Lauren Radomski, April 19, 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

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.