Aggressively Protecting Your Rights


| May 1, 2014 | Criminal Defense

State v. M.B. May 2014 BWI – MB was on a moonlight cruise on Lake Minnetonka. He had three beers between 6p.m. and midnight. He left Lord Fletchers at 10:40 and was stopped near Echo Bay by water patrol at 12:01 a.m.. He was stopped for violating quiet waters. After performing two field sobriety tests without error he was arrested for BWI. The Defense challenged the three charges, Boating while intoxicated, Boating with an alcohol concentration over .08, and violating the quiet waters area.


At an evidentiary hearing, Deputy Protivinsky of the Hennepin County Sheriff’s Department testified that MB was traveling at a high rate of speed through the quiet waters area and that is why he stopped him. At trial however, he testified that the Defendant’s speed did not register on his radar and he could not tell if he was traveling over 5mph. There was no real evidence of intoxication. The Defense challenged the Data Master (DMT) Intoxilyzer. The defense demonstrated that the DMT was unreliable as it has been put into use because the interferent confirmation technology was disabled by the BCA and that the test actually could be off by as much as .016. This was especially important in MB’s case because the reading on the DMT was so low, .087. Consequently it could have been as low as .071.

The Jury found the Defendant not guilty of all charges, including violating the quiet waters area of Lake Minnetonka. Deputy Protivinky was a fairly new and all too aggressive deputy trying to play gotchya. The Jury did not find him credible.