Complainant is Minnesota State Patrol Trooper John Thao. Complainant states that on October 17, 2025, at 4:56pm, troopers responded to a motor vehicle accident in the area of Hemlock Lane in the city of Maple Grove, Hennepin County, Minnesota. Reporting parties advised there was a grey vehicle that was racing another vehicle and crashed into an SUV. Upon arrival on scene, troopers observed that the Maple Grove Police Department was already on scene and was tending to the drivers, including the driver of the silver Ford Focus, identified as SILVIO JOSE POLO MONTOYA [DOB REDACTED]. Troopers observed the Ford Focus in the right-hand ditch.
Troopers spoke with a witness who advised that the grey vehicle was traveling at a very high rate of speed and was passing cars, and attempted to avoid crashing by merging into the right of the SUV but crashed into it, causing the SUV to flip. MONTOYA was put into a gurney and brought to the ambulance for medical evaluation. Troopers entered the ambulance to speak with him. When speaking with MONTOYA, troopers observed he had heavily slurred speech. MONTOYA stated that he was driving and was only going 60-65mph and tried to pump his brakes but he did not stop.
Troopers could smell a strong odor of alcohol coming from MONTOYA's breath as they spoke. When asked how much he had to drink, MONTOYA stated he had one beer at noon and one beer in the car. Due to MONTOYA's injuries, SFSTs were not able to be completed. A PBT was administered and MONTOYA provided a breath sample of.19 BAC. MONTOYA was placed under arrest and transported to the Hennepin County Medical Center and a warrant was obtained for a blood draw. MONTOYA was informed of the warrant for blood or urine and he agreed to provide a blood sample.
MONTOYA provided a sample at 7:55pm. On October 30, 2025, the BCA toxicology report was received and showed MONTOYA to have an ethyl alcohol concentration of.124 +/-.007 grams per 100 milliliters of blood with a 99.73% level of confidence.
