My question involves criminal law for the state of: Minnesota
here's my story - remember 2nd dwi first in Wisconsin this one is Minnesota.
On January 25, 2009 at around 5 a.m. CST I was approaching the London Road Tunnels on I-35, in the left lane of traffic there were road flares, an emergency vehicle, a car crash site, and a few police officers. I was in the right lane of traffic. The left lane area was marked by flares and traffic was in the right hand lane of traffic each car moving at about 20 MPH or less.
Traffic was bumper to bumper and all cars approaching the crash scene were operating very closely within range of one another as the scene was unexpected and rather intense. Inasmuch tailgating was being conducted by every vehicle traveling through the tunnel at this time. I pulled up to the vehicle with the Minnesota license plate 333333 and proceeded to follow the vehicle through the accident scene. Due to a back injury and my short stature, I ride with the wheel closer to my torso because I cannot reach the pedals otherwise. This was sited in the police report of events, and I can have a doctor verify why I am enclined to drive such a short distance from my wheel.
I proceeded to follow the vehicle through the crash scene. After my car passed the accident scene all motor vehicles began to speed up to approach the proper speed limit of 50 MPH. The vehicle in front of me driven by WITNESSES NAME also sped up. I followed suit and sped up to the appropriate speed. I proceeded to follow WITNESSES NAME vehicle through the rest of I-35 and exited via the 21ST AVENUE WEST exit onto 53-W highway. I was not TAILGAITING and following appropriately distanced from the vehicle according to the Minnesota tailgaiting laws (provided the Minnesota Department of Motor Vehicles).
As we approached the exit for the Piedmont Avenue (and I signaled to go to the left as did WITNESSES NAME), a state trooper pulled my vehicle over, and WITNESSES NAME pulled over as well., After a few moments of realizing he wasn't the vehicle intended to stop, WITNESSES NAME continued on our predestined path to Geheart Street to drop off our friend who was passing out from consuming a rather large amount of alcohol.
The State Trooper had me do one field sobriety test outside my vehicle in -20 zero weather. It was very windy and my eyes were watering from the combination of cold and wind. I was in a low cut black dress without any mittens or hat upon my head, and very cold. I did the 'pen test' and then he had me do the breathalizer. I'm not sure of the number that I blew but the officer then arrested me, towed my car (after searching it), and brought me to St. Mary's Medical Center to have a blood draw completed for further evidence. I did inform the officer and further booking officers that I was on gabapentin.
Once in custody at the St. Louis County Jail, I was booked and led to an observation room that was freezing cold. My teeth were chattering non stop and even during booking I couldn't warm myself. I was that cold. I was allowed one phone call by a male officer but he failed to tell me how to use the phone properly.
Later while under arrest, I stood by the observation room's door to see if I might be able to get a feminine product from my purse because I was in the middle of my period and an officer (female) came over to my door and screamed at me to sit down twice. Even though I waited patiently by the door to get her attention, she did not ask what it was I needed, so I proceeded to sit in the freezing room. I was left to bleed out even though I was just standing by the door not saying anything trying to get her attention because I needed a feminine product.
Awhile later, which could be about 2 hours of sitting in a freezing room, the same female officer removed me from the observation room and proceeded to book me. She mentioned how cold the room was and moved me to another room and gave me a blanket after I was finger printed and my information taken.
After about 2 1/2 hours I was able to make a phone call and call my friend to come pick me up and I was released.
---breathalizer was a .12 and the blood test came back .15 exactly, I hadn't DRANK any liquor since 1:30 a.m. and only thing I drank was beer! Not even a drop!!
THESE ARE MY QUESTIONS:
my public defender entered a plea of not guilty for now because of my witness, however she said my first dwi in Wisconsin in 2003 was not considered a 'crime' by that state - so therefore I might be able to get a 4TH DEGREE DWI in MINNESOTA instead of 3RD DEGREE DWI? Does anyone know if this is likely?
MY 2ND COURT DATE MY PUBLIC DEFENDER STATED THE COURT WAS BEING 'TRIED IN THE WRONG COURT', SINCE I WAS ARRESTED BY A STATE TROOPER (COUNTY) NOT A POLICE OFFICER (CITY) AND REQUESTED THE CONTESTED OMNIBUS HEARING BE HELD (that was April 1st). ALSO both her and I had been notified of the wrong time for this hearing we were at? Does that matter? They gave me something in writing with the wrong time and never notified me of the change of time! I had to call my PD and she told me she had a diff. time then I did?
The officer asked me questions in the hospital room and then later said (in his police report) that he mirandized me there but in fact he didn't mirandize me until we left the hospital and we were on our way to the jail (in his squad car), the miranda form even STATES this from the computer in his car!! Time and date are on it! Does this matter at all?
I have begged the public defender to review the video tape evidence from the officer's squad because I know that it will proof I didn't tailgate down the highway - does this matter at all to the judge (The reason for the stop was not legal or contradicts what the officer wrote in his report).
Contested omnibus hearing means the officer SHOULD show up and testify with WHAT HE REMEMBERS about the arrest night right?
And one final question, sorry - I've tried to talk to my public defender and she's spoken to me for ten minutes since April and only left 2 voicemails. She made a phone appt with me over 2 weeks ago and missed it? Is this considered an ineffective council? She won't even respond to my e-mails other then verbally saying she got them when she leaves me a new voicemail?
I LIVE IN MADISON, WI but was arrested in DULUTH, MN...
please help with answers!
PROOVE ... not proof! Sorry for typos!![]()

