Woman arrested in Rosemount for repeat DWI accused of felony assault

Rosemount Police claim that someone called 911 to report that someone was allegedly driving all over the road in Mid-December. An officer responded to the area and claims to have seen a car moving erratically and later blocking traffic at an intersection while the driver was waiting to make a turn. The officer decided to make a traffic stop.

Authorities accuse the woman of apparently being a bit disoriented during the traffic stop. First the officer says that the driver hit the electric door lock several times before finding the electric window switch to roll down her window. The officer apparently opened the conversation with a typical question intended to elicit an admission of guilt. When asked if she knew why she was being stopped, the officer says that the woman admitted being drunk.

Ultimately the woman was arrested on suspicion of repeat driving while impaired. Authorities reportedly are seeking second-degree DWI charges, alleging that the woman has two prior qualified alcohol related incidents on her record within 10 years of the December 16, 2012 DWI arrest. A second-degree DWI offense is a gross misdemeanor under Minnesota law and carries a maximum jail sentence of up to a year.

In addition to the criminal consequences that can flow from a second-degree DWI conviction, drivers can face significant attacks to their privilege to drive and even a seizure of the car. These administrative consequences are handled separately from the criminal charges, and drivers have a limited amount of time to perfect a challenge to the license revocation or vehicle forfeiture.

For the woman arrested in Rosemount on the second-degree DWI charges, law enforcement claims that the legal issues in the criminal case are more complicated based upon allegations that she struggled with the officer while she was being arrested. The officer claims that she kicked an officer in the leg during the struggle. Later, Dakota County officials say that she provided resistance to correctional officers at the jail.

The woman has been formally charged with felony assault based upon the allegations. The felony assault charge carries a maximum statutory sentence of up to three years in prison.

Source: Rosemount Town Pages, “Woman charged with DUI after traffic stop in Rosemount,” Nathan Hansen, Jan. 10, 2013

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-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. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

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