On November 3, 2025, at 12:10 A.M., Deputy Kundert was traveling south on Main St in Zumbrota in Goodhue County, State of Minnesota. Deputy Kundert observed a vehicle with a headlight out traveling north on Main St. Deputy Kundert stopped the vehicle bearing TAG400 at Main St/5th St E. The driver was later identified by Iowa Driver’s License as THOMAS WINSTON NATH [DOB REDACTED]. Deputy Kundert approached the vehicle on the passenger side. NATH let her know the window was not working so Deputy Kundert opened the door to speak to him.
Deputy Kundert explained the reason for the stop and requested NATH'S driver’s License (DL) and proof of insurance. Deputy Kundert smelled a strong odor of an alcoholic beverage while talking to NATH. NATH had slurred speech and was mumbling as he was talking to her. NATH was unable to look for his DL and talk to her at the same time. After NATH provided his DL, Deputy Kundert went back to her patrol vehicle and ran NATH’S DL. He came back valid and clear of warrants. Deputy Kundert reapproached NATH’S vehicle and noticed he had bloodshot/watery eyes.
While Deputy Kundert was talking to NATH, she smelled a strong odor of an alcoholic beverage coming from his person. Deputy Kundert asked NATH how much he had to drink, he stated he had one beer approximately four hours ago. NATH was coming from Rochester, MN and headed to Hayward, WI. Deputy Kundert asked NATH to exit the vehicle, and she advised him she would be conducting Standardized Field Sobriety Testing (SFST) to determine if he was able to safely drive. Deputy Kundert explained the Horizontal Gaze Nystagmus (HGN) to NATH. Deputy Kundert asked NATH if he understood her directions, he said yes.
Deputy Kundert asked NATH if he could see the tip of her finger and he stated he could. During the test, Deputy Kundert observed lack of smooth pursuit, as well as distinct and sustained nystagmus at maximum deviation in both eyes. Deputy Kundert observed onset of nystagmus prior to 45 degrees in both eyes. Deputy Kundert did not observe vertical nystagmus. Deputy Kundert explained and demonstrated the walk and turn test to NATH, in which she had to clarify some of his questions. During the instructions phase, NATH started early.
During the test, NATH used his arms for balance, stepped off the line and made an improper turn. Deputy Kundert explained and demonstrated the one leg stand test to NATH. Deputy Kundert had to re-explain the test to NATH. He stated he understood her instructions. During the test, NATH put his foot down once. Deputy Kundert then explained the preliminary breath test (PBT) to NATH. NATH was asked to give a breath sample, in which he replied, “I do not consent”. Based on the odor of an alcoholic beverage coming from NATH’ person, his admission of consuming alcohol, and the results of the SFST’S, Deputy Kundert placed NATH under arrest for DUI. Deputy Kundert transported NATH to the Zumbrota Police Department (ZPD). Upon arrival, Deputy Kundert read NATH the Breath Test Advisory.
