On December 14, 2025, at approximately 5:02 PM Ofc. Peterson of the Rochester Police Department was on patrol in the area of Civic Center Dr. And W Silver Lake Dr NE in Rochester, Olmsted County, Minnesota. At that time, Ofc. Peterson observed a vehicle operating without headlights. It was dusk and the street lights were one. After beginning to follow the vehicle, Ofc. Peterson observed the vehicle drift to the right and drive on the white center line. The driver also failed to signal its turn within a hundred feet of turning onto 7th Street NE. Ofc.
Peterson stopped the vehicle in the 100 block of 7th Street NE. Ofc. Peterson identified the driver as Harvey Patrick Zaccardi ([DOB REDACTED]), Defendant herein. Ofc. Peterson observed Defendant's eyes were bloodshot and watery. Defendant's eyes were also dilated for the lighting condition. Defendant told Ofc. Peterson that he had just gotten out of treatment. Ofc. Peterson had Defendant exit his vehicle and perform standardized field sobriety testing. Before testing, Defendant said that he had consumed alcohol that morning, but denied methamphetamine use in the prior five months.
During the Horizontal Gaze Nystagmus test Defendant demonstrated a lack of smooth pursuit in both eyes, had distinct and sustained nystagmus in both eyes, and nystagmus prior to the onset of 45 degrees in both eyes. During the Walk and Turn, Defendant could not stay in position at the outset of the test and almost fell over at the end of the test. During the One Leg Stand, Defendant swayed and had to put his foot down twice. Defendant provided a PBT of.000. Defendant was placed under arrest for suspicion of controlled substance DWI. On Defendant's person, Ofc.
Peterson found a burnt plastic straw, a socket that had burnt residue, and a glass pipe with burnt residue. Ofc. Peterson obtained a search warrant for Defendant's blood or urine. Defendant refused to provide either blood or urine although he was warned that refusal was a crime. At the time of this offense, Defendant's driving privileges were Cancelled-Inimical to Public Safety. Defendant was convicted on July 18, 2025, of Driving After Cancellation-Inimical to Public Safety. On November 13, 2025, Defendant pleaded guilty to DACIPS in ••-CR-••-•••• and received a Stay of Adjudication.
Defendant was convicted of DWI- Test Refusal in ••-CR-••-••••, DWI- Under the Influence of a Controlled Substance in 19HA-CR-19-373, and DWI- Any Amount of a Controlled Substance in ••-CR-••-••••. 2 ••-CR-••-•••• Filed in District Court State of Minnesota 12/15/2025 PLEASE TAKE NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS CASE. FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT IN ADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED IN MINNESOTA STATUTES SECTION 609.49.
