The Minnesota DWI Case Of The Week is State v. McEachem (Decided November 12, 2019, Minnesota Court of Appeals, Unpublished) which stands for the proposition that if you have eight prior DWI's, you are not likely to catch a break from the courts.
In McEachem, the Defendant was arrested for First Degree (felony) DWI while still on probation for a previous felony DWI. McEachem subsequently pled guilty to the First Degree charge and moved the district court for a downward dispositional sentencing departure claiming he was amenable to probation.
At the sentencing hearing, McEachem argued that, since his arrest nearly two years earlier, he had successfully completed treatment, maintained sobriety, obtained employment, and secured his own housing. The Defendant expressed remorse for his crime and reminded the court that he cooperated with the court throughout the case. The district court declined to depart from the sentencing guidelines. It imposed a guidelines sentence of 62 months in prison.
On appeal, McEachem argued the district court abused its discretion by denying his motion for a downward dispositional departure. But the Minnesota Court of Appeals disagreed, noting:
"Appellate courts “afford the [district] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” State v. Soto, 855 N.W.2d 303, 307-08 (Minn. 2014) (quotation omitted). A district court may depart from the Minnesota Sentencing Guidelines only in the presence of substantial and compelling circumstances. Id. at 308. To maintain proportionality and uniformity in sentencing, departing from the sentencing guidelines is discouraged. State v. Rund, 896 N.W.2d 527, 532 (Minn. 2017)."
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"When determining whether to grant a downward dispositional departure and place a defendant on probation, a district court’s primary focus should be on “the defendant as an individual and on whether the presumptive sentence would be best for him and for society.” State v. Heywood, 338 N.W.2d 243, 244 (Minn. 1983). There are a number of relevant factors for courts to consider in determining whether a defendant is particularly amenable to probation. State v. Trog, 323 N.W.2d 28, 31 (Minn. 1982). Such factors include “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.”
"Appellant argues that he is amenable to probation and that the Trog factors weigh substantially in his favor. Appellant cites his successful completion of treatment, his acceptance of responsibility, remorse, cooperation, positive attitude in court, and support of his friends and family as reasons the court should depart from the guidelines and place him on probation and not in prison."
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"While it need not have provided any further explanation for imposing a guidelines sentence, the district court noted appellant’s history of “using, relapsing and then driving.” The district court’s thoughtful and deliberate consideration of appellant’s departure request is reflected on the record. The district court accepted appellant’s arguments as having some merit, but also recognized that this was appellant’s “fourth felony DWI,” his eighth DWI in total, and that appellant’s “risk to public safety in [the] matter is just too significant for the court to grant [appellant’s] request for a downward dispositional departure."
"We see no error in the district court’s conclusion that substantial and compelling reasons to depart do not exist, and that public safety would best be served by a guidelines sentence. The district court acted within its sentencing discretion."
Moral Of The Story: Fool me once...
If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minneapolis DWI Lawyer, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.
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