At approximately 11:14 PM he was driving eastbound on HW 10 near Lake Street South in the City of Big Lake, Sherburne County, Minnesota, when he saw a vehicle in front of him enter a turn lane and then travel over the fog lane, cut the corner short, and almost drive over the center median. Deputy Reasoner followed the vehicle and saw it fail to signal 100 feet before making another turn. Deputy Reasoner knew from his training and experience that a vehicle will divert its path of travel when in front of a marked squad to evade law enforcement contact.
The vehicle stopped at a red light with Deputy Reasoner’s squad behind it. When the light turned green, it proceeded through the intersection and again immediately changed its course of travel and turned into the Kwik Trip parking lot. Deputy Reasoner then initiated a traffic stop. The vehicle parked near the Kwik Trip and the driver started to exit the vehicle as Deputy Reasoner approached. Deputy Reasoner identified the driver as KEVIN JEROME MERTENS, [DOB REDACTED], the above‐named defendant. Deputy Reasoner noticed that the Defendant’s speech was slurred and that he had bloodshot watery eyes.
In plain view, Deputy Reasoner saw multiple open and crushed alcohol containers in the back seat. The Defendant asked the reason for the stop and the Defendant replied, “I’m so confused.” Deputy Reasoner asked if he’d had any thing to drink. The Defendant first said he didn’t have any alcohol, then that he’d had “a couple of beers,” and then said “I fell like I’m fine.” Deputy Reasoner asked the Defendant to perform some field sobriety tests and the Defendant agreed. The Defendant displayed signs of impairment on the Horizontal Gaze Nystagmus Test and the Walk and Turn Test.
On the Walk and Turn Test, the Defendant stepped on his own toe, then lost balance and stepped off the line. He said, “I’m done.” Deputy Reasoner asked if he’d do a PBT and the Defendant declined. Deputy Reasoner then told him he was under arrest for suspicion of DWI and the Defendant agreed to do the PBT. The results showed his BAC was 0.214. The Defendant was arrested and transported to the Sherburne County Jail and read the Breath Test Advisory. He submit to a DMT and it showed his BAC was 0.22 at 12:05 AM. PLEASE TAKE NOTICE: Pursuant to Minn.
Stat. 609.49, intentional failure to appear for duly scheduled court appearances may result in additional criminal charges, and in addition to any arrest warrant that may otherwise be issued by the Court.
