Carlton County District Court File No. T5002193
Considered and decided by Schumacher, Presiding Judge, Halbrooks, Judge,
and Hudson, Judge.
I. A driver arrested for DWI who requests to consult with an attorney prior to the reading of the implied-consent advisory, but whose behavior thereafter frustrates the implied-consent procedure, is deemed by that behavior to have retracted the request and to have refused to submit to testing.
II. A district court with jurisdiction of a juvenile pursuant to Minn. Stat. §á260B.103, subd.á1 (2000), lacks jurisdiction to consider any non-traffic cases and must immediately transfer such cases to the juvenile court.
III. The prohibition against jail time under Minn. Stat. § 260B.225, subd. 8(b), (2000) for a juvenile convicted of an adult court traffic offense applies only to a person who was a juvenile at the time of that conviction.
The opinion of the court was delivered by: Hudson, Judge
Affirmed in part, reversed in part, and remanded
Appellant challenges her convictions for refusal to submit to testing, disorderly conduct, and obstructing legal process. Appellant argues that her refusal to test should be vacated because she was denied the right to consult with counsel. Appellant next argues that the district court erred in adjudicating the non-traffic-related offenses because she was a juvenile. Lastly, appellant argues that the trial court erred when it sentenced her to jail time because she was a juvenile at the time she committed the adult court traffic offense. We affirm in part, reverse in part, and remand.
On the night of June 29, 2000, Cloquet police received a dispatcher's call stating that a passing motorist had seen a vehicle crashed on the side of the road. As the investigating officers looked for the crash scene, they saw a car parked on the side of the road. A female got out of the parked car and informed officers that she had just seen a juvenile female, wet and screaming, running down the road. The officers located the crashed vehicle, submerged in water, in a ditch. No one was inside the vehicle. As the officers arranged for the car to be towed, appellant, 17-year-old Jessica Marie Collins (Collins) arrived, having flagged down a motorist who brought her back to the accident scene. Collins was hysterical and informed the investigating officer that she had swerved to avoid hitting a deer and ended up in the ditch.
At that time, Officer Scott Holman (Officer Holman) detected a strong odor of alcohol coming from Collins and noticed that her eyes were extremely glossy and bloodshot. As Officer Holman started to speak, Collins became very uncooperative and stated that in the past she had been assaulted by Cloquet police officers. When questioned about the number of beers she consumed that night, Collins said that she had had two beers at 10:00 a.m. that morning. Collins insisted that she was fine and that the officers should take her to her parents. However, Collins refused to give the officers her parents' name and insisted the officers not call them. At this point, Collins began crying and reiterated her claim that she had been assaulted by police officers in the past and that she was scared.
Officer Holman again asked Collins how much she had to drink and she replied that she had only had a couple of beers. Officer Holman then requested that Collins submit to a preliminary breath test (PBT). Collins submitted to the PBT without resistance. The PBT revealed an alcohol concentration of.165. Officer Holman informed Collins that she must have had more than two beers because her alcohol concentration was almost twice the legal limit. At that point, Collins became extremely uncooperative. She threatened to tell her parents that the officers had raped her if they did not take her home. She then stated she wanted her "attorney there." After she threatened to run away, the officers placed her in handcuffs and put her in the police car. Again Collins threatened to tell her parents that the officers had raped her. En route to the Carlton County jail, Collins still refused to give the officers the names and telephone number of her parents. She informed the officers that she was not going to cooperate until her "attorney was there" and again threatened to accuse the officers of raping her.
Once they arrived at the jail, Collins again became hysterical. On the way to the booking room, she told the jailers that the officers had raped her. Collins refused to take a seat in the booking room, screaming and yelling that she was not going to listen to anything the officers had to say. Collins refused Officer Holman's request to participate in field sobriety tests, again insisting that she was not going to cooperate. At this point, Officer Holman attempted to read Collins the Minnesota Implied Consent Advisory, telling her that it was important that she listened. Instead of listening, Collins began screaming, swearing, and insisting that she would not listen and continued her accusations of rape. She then told Officer Holman that she was leaving and tried to leave the booking room. When told she could not leave, Collins began screaming, kicking, yelling, and requesting her parents; she again asked to have her "attorney there." Because of her actions, Collins was physically restrained and placed in a holding cell. Officer Holman reported that, because he was unable to read Collins the implied consent advisory, he recorded it as a test refusal. At no time was Collins's request for an attorney granted. Because of her continued accusations of rape, Collins was transported to the Cloquet Hospital emergency room, but she refused to have sexual-assault testing.
Collins was charged with misdemeanor DWI in violation of Minn. Stat. §á169.121, subds.á1(a), 3(b) (2000);*fn1 refusal to submit to testing in violation of Minn. Stat. §á169.121, subd.á1(a); disorderly conduct in violation of Minn. Stat. §á609.72, subd.á1 (2000); and obstructing legal process in violation of Minn. Stat. §á609.50 (2000). The case was submitted to the district court on stipulated facts pursuant to State v. Lothenbach, 296 N.W.2d 854 (Minn. 1980). The district court found Collins guilty on all charges and sentenced her to 90 days in jail and a $700 fine. The court executed 21 days of the 90-day sentence and $350 of the concurrent fine. Collins was 18 years old at the time of conviction and sentencing. The sentence was stayed pending this appeal.
I. Did Collins have a limited right to counsel and, if so, ...