Bemidji DWI Case Alleges 0.22 BAC
BELTRAMI COUNTY (trfnews.i234.me) — A Saint Paul man faces two charges after a late-night traffic stop near Bemidji.
Joseph Scott Gonzalez-Rivera, 27, is charged with gross misdemeanor DWI. He also faces a misdemeanor insurance charge.
The allegations appear in Beltrami County District Court file 04-CR-26-1244. Court record information is available through the Minnesota Judicial Branch.
Stop Followed Hit-and-Run Report
According to the complaint, deputies stopped a vehicle at 11:13 p.m. on May 30.
The vehicle matched one reportedly involved in a hit-and-run at Wilton Liquor. The complaint does not list a hit-and-run charge.
The stop occurred on Highway 2 near Ray’s Sport and Marine. Gonzalez-Rivera was driving, according to court records.
An officer reported smelling alcohol and seeing bloodshot, watery eyes. The complaint also alleges slurred speech.
Gonzalez-Rivera admitted drinking alcohol, the filing states. Field sobriety tests showed several alleged signs of impairment.
A preliminary breath test reportedly measured 0.204. Police arrested him and took him to the Beltrami County Jail.
Jail Test Allegedly Showed 0.22
At the jail, Gonzalez-Rivera received Minnesota’s breath test advisory. He was also given time to contact an attorney.
At about 12:37 a.m., a DataMaster test reportedly showed a 0.22 alcohol concentration.
Minnesota law prohibits driving with an alcohol concentration of 0.08 or higher.
The gross misdemeanor charge alleges one aggravating factor. The complaint does not explain that factor in the listed count.
The charge falls under Minnesota’s second-degree DWI law.
Insurance Charge Also Filed
The complaint says officers asked Gonzalez-Rivera for proof of insurance. He reportedly said he may have missed a payment.
Officers could not find an insurance card, according to the filing.
He faces a misdemeanor under Minnesota’s proof-of-insurance law.
The DWI count carries up to 364 days in jail. It also carries a possible $3,000 fine.
The insurance count carries up to 90 days in jail. It also carries a possible $1,000 fine.
A criminal charge is an allegation, not proof of guilt. Gonzalez-Rivera is presumed innocent unless proven guilty in court.
I’m Chris Harper, reporting for TRF News.
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