On January 23, 2025, at approximately 11:07 P.M., Officers from the Hibbing Police department were dispatched to the area of the 300 block of West Howard Street to investigate a report of a suspicious black passenger car which was parked in the area. A short time later Captain Jeff Neumann of the Hibbing Police Department arrived in the area and located a black passenger car bearing MN plate GGS-997 parked in the driving lane of north alley of West Howard Street where the alley intersects with West Howard Street.
The motor vehicle was facing south, was running and appeared to be occupied by a lone individual in the driver’s position. At this time, Captain Neumann exited the patrol car vehicle and attempted to make contact with the lone occupant of the motor vehicle. It should be noted Sergeant Stauty was on scene to assist as well. As Captain Neumann approached the driver’s side of the motor vehicle, he could see a female slumped over in the drivers seat. The driver, later identified as Jessica Ann Davey, hereinafter the defendant appeared to be sleeping or passed out.
Sergeant Stauty was able to make contact with the defendant through the passenger side door of the motor vehicle and was able to turn off the motor vehicle to prevent the defendant from attempting to flee the scene. Next, Captain Neumann requested the defendant to exit the driver’s side of the motor vehicle, the defendant complied. Once outside of the motor vehicle, Captain Neumann could immediately smell the odor of an alcoholic beverage emanating from the defendant’s person. Also, Captain Neumann witnessed that the defendant’s eyes were red and watery, her speech was slurred and she had a difficult time maintaining her balance.
Additionally, the defendant was not certain where she was and believed that she was currently in Eveleth, MN. At this point, Captain Neumann requested the defendant to perform two Standardized Field Sobriety Tests, the Horizontal Gaze Nystagmus Test and a Preliminary Breath test. First Captain Neumann explained the Horizontal Gaze Nystagmus test, the defendant stated she did not have any problems with her eyes and understood the directions. During the test, Captain Neumann noted lack of smooth pursuit in both eyes, distinct Nystagmus at maximum deviation as well as onset of nystagmus prior to 45 degrees in both eyes.
Next, the defendant provided a breath sample which provided the result of.156. It should be noted due to extremely cold temperatures, unsure footing and the defendant’s level of intoxication no other tests were performed. Next, Captain Neumann transported the defendant to the Hibbing Police Department where she was read the Breath Test Advisory. The defendant stated she understood and agreed to provide a breath test sample without consulting an attorney. Sergeant Stauty administered the DMT breath test with a result of.19 at 11:58 P.M.
