On December 1, 2025 Officer Hershberger was in the Kwik Trip parking lot located at [ADDRESS REDACTED] South in the City of Rochester, Minnesota when he observed a silver Jeep parked at the front of Kwik Trip, with MN plate DUG614. Officer Hershberger observed a male subject who he recognized to be MARK ALAN KROM, [DOB REDACTED] exit Kwik Trip and get into the driver's seat of the Jeep and then drive away. Officer Hershberger knew that Krom had a DAC-IPS driving status, and the vehicle also displayed expired registration.
Once behind the vehicle Officer Hershberger activated his emergency lights and siren to make a traffic stop. The vehicle kept driving, and at one point pulled to the side of the road but kept driving, although he did not appear to be fleeing. Krom began sticking his hand out the window and waving it. Krom eventually pulled into the driveway of his house at [ADDRESS REDACTED] SW. All told it took approximately one minute and fifty seconds for Krom to stop his vehicle. Officer Hershberger knew from training and experience that people delayed stopping are often times attempting to conceal illicit items in their vehicle.
Krom attempted to get out of the vehicle right away, but Officer Hershberger told him to stay in the vehicle and Krom complied. Officer Hershberger spoke with Krom who admitted he knew he was not supposed to be driving. Krom was sweating profusely and the officer noted it was approximately 10 degrees Fahrenheit outside. Krom was also speaking in a rapid manner and it appeared he could not stop moving as his fingers were fidgety and he removed his coat. It appeared that Krom was acting paranoid and said he did not like interactions with cops and that was why he was sweating.
Officer Hershberger knew that these were all signs of controlled substance stimulant impairment. Officer Hershberger was aware of Krom's past history of drug use. Officer Hershberger had Krom exit the vehicle and told Krom he knew about his history of drug use. When Officer Hershberger asked Krom when he last used, Krom stated that he had used speed and marijuana the day before on November 30, 2025. Officer Hershberger knew that speed is the street name for methamphetamine. Officer Hershberger asked Krom if he would do field sobriety tests and Krom agreed.
No signs were noted during the HGN test during which Krom had a difficult time following the officer's finger during testing. Krom's eyes were extremely jittery which is consistent with methamphetamine use. The walk and turn and one leg stand were not done due to the snowy conditions of the roadway and Krom indicating he had numerous issues with his legs. Based upon the observations of stimulant use, Kroms admission to using speed the day before, and the HGN test Officer Hershberger arrested Krom for suspicion of DUI. Krom was transported to the ADC. Officer Edholm, a certified Drug Recognition Evaluator conducted a DRE on Krom and concluded that Krom was under the inclurence of a CNS stimulant and unable to operate a motor vehicle safely.
