Southern Minnesota man sentenced for felony DWI on motorized bike

An Austin, Minnesota man was sentenced earlier this month on a felony driving while impaired conviction involving allegations that the man had been driving drunk on a motorized bicycle. Mower County, Minnesota officials claim that the 44-year-old was riding the motorized scooter without any headlights around 2:00 in the morning on July 31. An Austin police officer observed the man run a stop sign and travel on the wrong side of the road before the cop pulled him over, according to the criminal complaint.

Twin Cities area readers may understand that new Minnesota DWI charges may be enhanced based upon a driver’s prior DWI record, or based upon a combination of three or more qualified prior impaired driving incidents within 10 years. A prior felony DWI conviction, or prior criminal vehicular homicide or operation conviction –regardless of the age of the conviction–may also be used to enhance a new DWI charge to a felony level offense.

Law enforcement in Southern Minnesota say that after the Austin man was pulled over on his motorized bike, he measured 0.20 percent alcohol content in a DWI alcohol test. Authorities say that the man had been convicted of felony DWI in 2004 in Houston County, Minnesota. Based upon that prior record, the man was charged with two counts of felony DWI after his July 31 arrest.

The 44-year-old reportedly pled guilty to one count of felony DWI under a plea agreement. A first-degree DWI charge carries a statutory maximum sentence of 7 years in state prison upon conviction, and-or a potential fine of up to $14,000. The man was sentenced to seven year’s probation and fined $500 for the felony DWI conviction. The man will also be required to serve 30 days on electronic home monitoring under the sentencing order.

Source: Austin Daily Herald, “Conviction sticks for DWI on motor scooter,” Matt Peterson, April 15, 2013

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.