DUISearch results for category: Minnesota DUI
Motorized Chair from Minnesota DWI Case Sells on eBay
Police make over $10,000 on sale.
A motorized chair built by Dennis LeRoy Anderson gained notoriety after he was busted for driving while intoxicated in Minnesota last year. The recliner is powered by a lawnmower engine and features a stereo, cup holders, headlights a nitrous oxide power boost system and a parachute.
Anderson had a blood alcohol content more than three and a half times the legal limit for intoxication when he struck a parked car in August 2008 on his way home from a bar. The 62-year old man from near Duluth eventually pleaded guilty to MN DWI, and the Proctor Police Department impounded his special chair. As allowed under Minnesota DWI law, the police placed the chair on eBay, with all proceeds going to the police department. They had received bids over $43,000 before it was revealed that the chair was not a 'La-Z-Boy' brand as initially advertised, so the bidding started again.
The new winning bid was for $10,099.99.
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Arrests for DWI in Minnesota Higher in July
Month records most drunk driving arrests for year.
The Minnesota Department of Public Safety has issued a report showing that more arrests for suspicion of driving while intoxicated were made during July than in any other month of the year. A total of 196 arrests for MN DWI were made.
During a special initiative against drunk driving in Minnesota called NightCAP, law enforcement officers stopped 3,961 vehicles and issued 1,354 citations for traffic violations such as DWI, speeding, reckless driving and failure to wear seat belts. The program targets 13 counties in Minnesota and since it inception in the fall of 2008, more than 1000 motorists have been charged with driving while intoxicated or impairment of drugs.
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Peculiar drunk driving articles for the week of July 10
Really odd drunk driving news – 'Parallel Multiples'
One Night, Two Vermont DUI Arrests – Raven Hoague, 26, was stopped for erratic driving and was charged with driving under the influence in Vermont. She was cited and released to friends. Hoague apparently got into a fight with her friends and she went back to her vehicle and drove again. She was arrested again and charged with her second VT DUI.
One Night, Two New York DWI Arrests – Joseph S. Kelley was charged with driving while intoxicated in New York after stopping at a local state police headquarters to ask for directions. His blood alcohol content was reportedly more than twice the legal limit for intoxication. Kelley was sent to a hotel to sleep off the alcohol, but he made the taxi driver stop at an ATM and then ran back to the police parking lot and took his SUV. He was stopped a second time in a nearby town and charged again for NY DWI.
One Night, Two Minnesota DWI Arrests – Police responded to a disturbance call just before 12:30 am. Raquel DeVito, who had left the scene but returned while the police were there, was investigated and charged with driving while intoxicated in Minnesota. She was released around 2:30 am but was observed driving again, in the scene of the original disturbance, at 3:17 am. DeVito was arrested again and placed in the Blue Earth County Jail.
One Night, Two Pennsylvania DUI – Curtis Maxwell, 56, was stopped for making an illegal u-turn and was eventually charged with suspicion of driving under the influence in Pennsylvania. Just hours later Maxwell was involved in an accident on the same road, near the same spot as the earlier arrest, earning him a second charge of DUI in PA.
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Peculiar drunk driving articles for the week of May 15
Really odd drunk driving news – 'The Unusual'
Trail of oil leads to California DUI suspect – Police in Sacramento responded to a report of a vehicle smashing into a pole around 2:00 am. The vehicle had fled the scene but left a trail of dripping oil. The officers followed the trail and soon located a damaged SUV at a nearby home. The driver was charged with leaving the scene of an accident and driving under the influence in California.
Man fakes his own death to avoid New Mexico DWI – Byron Shane Carpenter, from Capitan, was facing prison sentence for vehicular homicide and two separate NM DWI charges. Then his obituary appeared in the Albuquerque paper, citing the death of a loving father and husband in an auto accident. A tip, however, lead U.S. Marshals to Carpenter hiding at a friend's house, and he was taken into custody. In addition to new charges against Carpenter, those involved with the fugitive felon's escape will be facing arrest.
Unknown vehicle in driveway leads to Minnesota DWI – A homeowner did not recognize the car found parked in the yard next to his house early one morning, so he called the police. Officers discovered Joseph Donald Shoeberl, 32, asleep in the vehicle and made several efforts to wake him. When finally roused and asked if he knew where he was, Shoeberl answered "in southern Minnesota." In fact, he was about 130 miles northwest of the Minneapolis. Shoeberl's blood alcohol content at 7:17 am registered .16% or twice the legal limit. He was charged with driving while intoxicated in MN.
Wedding night in jail after Texas DWI – Jade Puckett, 26, described her wedding night as humiliating and her greatest nightmare after her new husband, Billy, was arrested for driving while intoxicated in Houston, Texas. The two had just left their wedding reception when they were targeted by a Harris County sweep for drunk drivers. Billy was charged with TX DWI and Jade was charged with public intoxication when she became belligerent. Jade filed a complaint saying that male deputes seemed to take pleasure from her demise as they repeatedly came to see her in the holding cell, still in her wedding dress. The complaint also covered a photo taken of her in her dress in the courtroom. She entered a guilty plea to public intoxication and was released for time served. Her husband pleaded no contest to DWI and was given a year's probation, fined $300 fine and ordered to perform community service.
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Peculiar drunk driving articles for the week of May 8
Really odd drunk driving news – 'Vehicles'
Riding Horseback While Intoxicated in Colorado – Police pulled over Brian Drone of Arvada in a strip mall parking lot for riding his horse while under the influence. The officers had responded to calls about a cowboy who wasn’t able to stay in the saddle. After issuing a Class B traffic violation, police realized that, unlike a DUI arrest and vehicle, they could not 'tow' the horse. A local stable owner offered to give Drone and his horse 'Cricket' a ride home.
Georgia DUI on Horseback – Gregory Scott Cooley and Jeffery Ray Owen were busted for drunk riding by Tunnel Hill police. The two had drunk beer while watching a NASCAR race and then proceeded to jump on two horses owned by Cooley. Though they were only a few feet from one of their yards, police ordered them to dismount. The officer showed no leniency when issuing charges of 'driving' under the influence.
Minnesota DWI While on a Lawnmower – Darwin L. Christensen, 42, decided to ride his riding lawn mower to the store for beer and ended up zig-zagging along city streets and running over orange traffic cones. He was observed stopping to relieve himself in public, after which he tossed his beer can into a ditch. Police responding to complaints, found Christensen stumbling and slurring his speech. He registered a blood alcohol content of .21, over two and a half times the legal limit. Christensen has four prior convictions for drunken driving in Minnesota.
Texas DWI on a Steamroller – A Pflugerville police officer spotted Ronald Howell weaving down the road around 4:00 in the morning, on a Dynapac Vibrator Roller. Howell told the officer that he had been walking home from a night club when he decided to take the construction equipment because it was cold outside. He was failed a series of field sobriety tests and booked on charges of driving while intoxicated in Texas, along with felony theft and driving without a license.
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Minnesota High Court Issues Opinion on Access to Breathalyzer Code
Court outlines defense access to code in cases of Minnesota DWI.
For years, DWI defense attorneys in Minnesota have been requesting access to the computer source code used in breath testing equipment during drunk driving arrests. On Thursday, the state Supreme Court issued an opinion on whether the code could become evidence in a DWI case.
The high court empowered judges to decide if access to the code was relevant to the defense in a specific MN DWI case. Defense lawyers must provide information showing the software’s relevance before the judge can rule.
Questions have frequently risen as to how the software calculates blood alcohol content in suspected drunk drivers, and whether it shows bias to gender or race. The manufacturer of the equipment says the software is proprietary and has refused to provide access in under court order.
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Peculiar drunk driving articles for the week of April 24
Really odd drunk driving news – Multiples
1 traffic stop, 2 Indiana DUI arrests – State trooper stopped 19-year man for speeding and then arrested him for drunk driving in Indiana after determining his blood alcohol content was 0.17%. Troopers contacted the man’s father, the county coroner, to retrieve the vehicle. When the father arrived, he too was arrested for Indiana DUI after registering a BAC of .10%. Father and son were both booked on charges of driving while intoxicated.
2 Minnesota DWI charges in 2 hours – Lake Forest police stopped Michael Douglas Johnson for a traffic violation and was ticketed for fourth-degree DWI after registering a blood alcohol content of 0.15%. The time was 12:34 am. Rather than having the police tow the vehicle, a sober friend agreed to move it. However, at 1:49 am, Johnson was observed driving his truck at 15 miles per hour under the speed limit. He was stopped again and charged with a second fourth-degree MN DWI. He also spent the night in Washington County Jail.
1 day, 2 New York DWI arrests – Joseph Babbie was arrested by State Police for suspicion of drunk driving in New York at 2:22 a.m. Saturday. He was arraigned on a felony driving while intoxicated charge and released on his own recognizance. He was arrested again at 9:52 p.m. Saturday after taking a car without permission. Babbie was booked for his fourth NY DWI offense in 10 years and remanded to the Clinton County Jail.
3 Ohio DUI arrests in 6 days – Tammy Webb, 43, was arrested for driving under the influence in Ohio on April 1. The next day she was charged again with OH DUI. Her third arrest came April 6 when she stopped at a fire station at an auto plant to ask for directions. Police say that initial chemical tests did not reveal alcohol in her system during any one of the three incidents, though she was impaired and confused at the time of her arrests. Tests are being conducted to determine drug ingestion. Local law enforcement officers don't recall ever arresting one person so often in such a short period of time.
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Legislation Would Put Hold on Minnesota DWI Penalties
Motorists accused of drunk driving in MN would not lose license until actually found guilty.
In an effort to restore due process and a presumption of innocence until proven guilty, a state lawmaker has introduced a bill calling for motorists to be convicted of driving while intoxicated in Minnesota before losing their driver's licenses.
Under current Minnesota DWI law, drivers have their licenses suspended or revoked shortly after an arrest for suspicion of drunk driving. The revocation process can begin within 7 days of an arrest, and it is a separate civil case that occurs before defendants appear in court to resolve their criminal DWI offenses. The minimum suspension for registering a blood-alcohol content over the legal limit of .08% is 90 days. Refusal to submit to a breath or blood test will result in a one year suspension.
Under the proposed legislation, motorists would lose their licenses for a minimum of 30 days if the failed a breath test and at least 60 days if they refused to take a test.
Opponents of the measure have been quick to denounce it. Minnesota has an implied consent law which makes it mandatory for a motorist to provide a breath or blood sample if a law enforcement officer suspects a case of DWI. It is under that provision that licenses are suspended rapidly. Supporters of the bill say that drivers are penalized well before they even have the opportunity to defend themselves. They cite that not all motorists who drink are drunk. The public perception of an intoxicated driver is that of the chronic drunk who usually registers a BAC over twice the legal limit. In contrast, an arrest for MN DWI can be initiated by an officer based on the presence of alcohol and an assumption of impairment. The Breathalyzer equipment used in Minnesota has come under repeated legal challenges across the country for software glitches, and improperly maintained or calibrated equipment can lead to a false positive BAC readings. There are physical limitations that may influence a field sobriety test. It is those types of situations that are resolved in the court system with an impartial judge or jury.
The bill would also stop the seizure of license plates and vehicles until a person is convicted of DWI in Minnesota. In addition to re-asserting civil liberties, the legislation's author has criticized the current system as having fostered a costly, unwieldy bureaucracy.
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Another Minnesota DWI for Man Not Driving Car
Defendant was sitting in his car in a hotel parking lot when arrested fro drunk driving in MN.
A Rochester man was charged with driving while intoxicated in Minnesota after police found him in his car. However the man’s car was parked on the street in front of a Holiday Inn and he was simply sitting in the driver’s seat at the time.
Justin Allen Stock was arrested around 2:50 in the morning after a Holiday Inn security guard saw him around the property and alerted police. Stock was found in his vehicle though he denied having operated the car while intoxicated. The police said it did not matter and charged him with drunk driving.
A spokesperson with the Rochester Police Department said that a motorist is in control of a vehicle if they have the keys with them. The keys don’t even have to be in the driver’s possession; they just have to be in the vehicle.
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Asleep in Vehicle Earns Minnesota DWI
Vehicle was parked but owner still arrested for drunk driving in MN.
The Minnesota Court of Appeals has upheld DWI charges against a man arrested by police for sitting in his vehicle. Daryl Dean Fleck had been convicted on two counts of driving while intoxicated in Minnesota after being found asleep in his SUV with the door open. The keys were in the center console and the vehicle was in Fleck's assigned parking space. Fleck told police that he went to get something from his Chevy Blazer and then decided to sit in it for awhile. Investigating officers found three cans of beer under a blanket on the passenger seat. A breath test registered a blood alcohol content of .18%.
In the Appeals Court ruling, the judges said that there was sufficient evidence that Fleck was in 'physical control' of his vehicle and thus the DWI arrest was warranted. They went on to say that Fleck may have, without too much difficulty, started the vehicle and become a danger to others. Fleck denies any intent to drive the vehicle and he even told police he did not know where his keys were at the time of the arrest, though the court ruled that intent was 'immaterial'.
The courts have undertaken the question of physical control in incidents of MN drunk driving before. In a 1984 case involving a man who slept in his vehicle after having an argument with his girlfriend, his case was won on appeal, as he showed no intent to drive. In 2006, police responded to an intoxicated man arguing with another guest at a wedding reception. The man was observed walking to his vehicle, unlocking the door and placing his foot in the car. He then turned and threw the keys to his wife but he was still charged with DWI for being in control of a vehicle. That case was eventually dismissed.
Those rulings leave open legal options to Fleck and his Minnesota DWI defense lawyer.
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