On December 14, 2025, a trooper with the Minnesota State Patrol was on duty at approximately 9:24 PM in the area of Highway 77 at Diffley Road in Eagan, Dakota County, Minnesota. While traveling southbound on Highway 77 at Diffley Road, the trooper observed a silver Subaru parked on the right-hand shoulder with its hazard lights activated. The trooper pulled over to the shoulder and activated his emergency lights to check on the vehicle. The Subaru was on and running. Once the trooper’s squad vehicle was positioned behind the Subaru, a male immediately opened the driver’s door from inside, exited the vehicle from the driver’s side, walked in front of the Subaru, and moved toward the passenger front side.
The trooper approached the vehicle and observed a child seated in a rear child [NAME REDACTED]. A female was seated in the front passenger seat. The key was in the vehicle’s ignition. The female exited the vehicle and stated they had a flat tire and had to pull over to the side of the road. The trooper observed the front right tire of the Subaru to be flat. The male then sat in the front passenger seat while the female walked behind the vehicle, entered the driver’s seat, and sat down. While speaking with the male, the trooper smelled a strong odor of alcohol coming from his breath.
The male’s eyes were bloodshot. When asked where they were coming from, the female told the trooper they were coming from a Christmas party. When asked, the male denied drinking and stated he was not driving. The male claimed it was the female who was driving when the vehicle got a flat tire, and they switched seats after pulling over due to a flat tire. The male was later identified as TIMOTHY LAMONT SMITH [DOB REDACTED]. SMITH was asked to participate in field sobriety tests. The trooper conducted the Horizontal Gaze Nystagmus test.
During this test, the trooper observed a lack of smooth pursuit in both eyes and distinct and sustained Nystagmus at maximum deviation in both eyes. Due to the cold weather, no additional field sobriety tests were conducted. SMITH refused to provide a PBT. Based on the trooper’s observations, SMITH was arrested for DWI. SMITH resisted being handcuffed. SMITH refused to identify himself to law enforcement. SMITH was transported to the Dakota 2 19HA-CR-25-2131 Filed in District Court State of Minnesota 12/16/2025 County law enforcement center.
While at the law enforcement center, SMITH was read the breath test advisory. SMITH repeatedly stated he would not take any tests and would not listen. SMITH refused to submit to any testing. SMITH has the following prior convictions: Gross Misdemeanor DWI from 2020 in ••-CR-••-•••• Misdemeanor DWI from 2020 in ••-CR-••-•••• Gross Misdemeanor DWI from 2021 in ••-CR-••-••••.
