Minneapolis DWI Attorney F. T. Sessoms Blogs on Minnesota DWI: This Week's Featured Minnesota DWI Case

The Minnesota DWI Case Of The Week is State v. Payton (Decided November 18, 2024, Minnesota Court of Appeals, Unpublished) which stands for the proposition that the police will be believed without definitive proof to the contrary.

In Payton, the Defendant was arrested and charged with Third Degree DWI - Refusal to submit to testing. Mr. Peyton challenged the legality of the initial stop but the district court ruled that the stop was valid. On appeal, Mr. Peyton alleged the district court "clearly erred" when it ruled his vehicle crossed a white-dashed centerline without signaling, thereby giving the police officer reasonable, articulable suspicion to stop his vehicle.   

The Minnesota Court of Appeals upheld the lower court's ruling stating:

"When reviewing a district court’s decision to deny a pre-trial suppression motion, we review the district court’s factual findings for clear error and legal determinations de novo. State v. Gauster, 752 N.W.2d 496, 502 (Minn. 2008). We 'will not conclude that a factfinder clearly erred unless, on the entire evidence, we are left with a definite and firm conviction that a mistake has been committed.' In re Civ. Commitment of Kenney, 963 N.W.2d 214, 221 (Minn. 2021)."

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"Here, the officer testified that he initiated a traffic stop because he observed Payton swerve 6-12 inches over the white-dashed centerline, without signaling, for 20-30 feet before recentering the vehicle in the appropriate lane. The officer indicated his belief that this conduct violated Minn. Stat. § 169.18, subd. 7(1), which states, “When any roadway has been divided into two [lanes] ... a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.” The officer testified that he “clear[ly]” observed the violation and indicated exactly when the violation occurred in the dash-camera video. The district court found the officer’s testimony credible, and we defer to the district court’s credibility determinations.  See State v. Smith, 448 N.W.2d 550, 555- 56 (Minn. App. 1989), rev. denied (Minn. Dec. 29, 1989). Based on this evidence, the district court found that Payton’s vehicle “swerve[d] and cross[ed] the dashed white line separating the two lanes without signaling.” We conclude that the evidence amply supports the district court’s finding that Payton crossed the white-dashed centerline without signaling."

"Payton disagrees, arguing the district court clearly erred when it found he crossed the white-dashed centerline. Payton relies on his assertion that the dash-camera video does not support the officer’s testimony. But contrary to Payton’s argument, though dark and poor quality, the dash-camera video does not contradict the officer’s testimony. While the white-dashed centerline does not appear in the dash-camera video, the dash-camera video plainly captures Payton’s vehicle veering slightly to the right at the time the officer testified that Payton crossed the white-dashed centerline. Although not dispositive, the dash-camera video bolsters the officer’s testimony that a traffic violation occurred."

"For these reasons, we conclude the district court did not clearly err when it found Payton crossed the white-dashed centerline without signaling and, thereby, violated Minn. Stat. § 169.18, subd. 7(1). As such, the district court correctly determined the officer had the requisite particularized and objective basis for conducting the traffic stop and, therefore, the investigatory stop was supported by reasonable, articulable suspicion."

Moral Of The Story: It's too bad that police cameras are far inferior to those used in viewing football. 

If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minneapolis DWI Attorney, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.

Minneapolis DWI Lawyer F. T. Sessoms Blogs on Minnesota DWI: This Week's Featured Minnesota DWI Case

The Minnesota DWI Case Of The Week is State v. Chrismen (Decided November 4, 2024, Minnesota Court Of Appeals, Unpublished), which stands for the proposition that the Court of Appeals will rarely reverse the lower court if it refused to grant a downward departure from the Minnesota Sentencing Guidelines.

In Chrismen, the Defendant plea guilty to a felony DWI and was facing a 42-month presumptive prison sentence. The Defendant moved for a downward dispositional departure arguing he was particularly amenable to probation given his remorse and the positive steps he had taken since the offense occurred. Chrismen emphasized that the pre-sentence investigation report noted he “would be a good candidate for sobriety in the community” and that he had only two speeding tickets and no criminal offenses in over 20 years.

The state opposed Chrismen’s motion (of course), arguing that this was not Chrismen’s first felony DWI offense, Chrismen’s claimed participation in treatment was unverified, and there was no support for Chrismen’s assertion that he is amenable to probation.

The District Court, at sentencing, noted it had reviewed all the materials and acknowledged the struggles Chrismen has overcome, but noted concerns about the violent act towards the deputy and the possibility that similar violence could occur if Chrismen was intoxicated. The district court found that Chrismen was not particularly amenable to probation and sentenced him to serve the presumptive term of 42 months in prison with five years of conditional release.

The Minnesota Court of Appeals affirmed the lower court noting:

"A mitigating factor that may provide a substantial and compelling reason for departure is a defendant’s particular amenability to probation. Minn. Sent’g Guidelines 2.D.3.a(7) (2022); State v. Bertsch, 707 N.W.2d 660, 668 (Minn 2006). Whether a defendant is particularly amenable to probation depends on various factors, including the defendant’s age, prior record, remorse, cooperation, attitude while in court, and the support of family and friends. State v. Trog, 323 N.W.2d 28, 31 (Minn. 1982). But even if some of these factors exist, a district court need not grant a downward dispositional departure. State v. Olson, 765 N.W.2d 662, 663 (Minn. App. 2009). "

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"We will only reverse a district court’s refusal to depart from the presumptive sentence in the 'rare' case. State v. Kindem, 313 N.W.2d 6, 7 (Minn. 1981)."

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"The record demonstrates that the district court carefully considered the arguments both for and against a downward dispositional departure, as well as other information in the record like the presentence investigation report and materials that addressed Chrismen’s record on probation, motivation to change, and remorse. And while we recognize the positive steps Chrismen has taken since his DWI conviction, this is not the 'rare' case that requires us to reverse the district court’s decision to impose a presumptive sentence. Kindem, 313 N.W.2d at 7. The abuse-of-discretion standard gives the district court broad discretion in its sentencing decisions and we will 'not interfere with the sentencing court’s exercise of discretion, as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.' State v. Pegel, 795 N.W.2d 251, 255 (Minn. App. 2011) (quotation omitted)."

Moral Of The Story: If you don't win at the district court, the Court of Appeals is not going to help you.

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.