On or about August 31, 2025, Sgt. Jorgensen was on Highway 15 in Hutchinson Township and observed a Harley Davidson style motorcycle traveling southbound on Highway 15 from 247th Street at a high rate of speed. Sgt. Jorgensen activated his squad radar and the speed showed 107 mph in a 60 mph zone. Sgt. Jorgensen then traveled in the direction of the motorcycle, and saw a blue Harley Davidson. The vehicle pulled over and the driver, "Witness" got off and approached Sgt. Jorgensen. Witness stated "You're not after me; you're after the bike that passed me, I promise you." and eventually found the suspect motorcycle in the driveway of 20501 Highway 15. Sgt.
Jorgensen confirmed the MN License plate [PLATE REDACTED], and spoke with the driver identified as HOUSTON LEE HEWITT, [DOB REDACTED], "Defendant" hereinafter, who was standing next to the motorcycle. Sgt. Jorgensen detected a faint odor of alcohol coming from Defendant's person. Defendant refused to participate in field sobriety testing. Defendant said he was riding with Witness and said Witness blew by him like a f***ing idiot." Defendant laughed to something, expelling a large breath which Sgt.
Jorgensen detected a strong odor of alcohol. Sgt. Jorgensen could see Defendant's eyes were bloodshot. Defendant was placed under arrest for DWI. At the Mcleod County Jail Defendant was read the Breath Test Advisory at 11:11 P.M. After getting to the question "Do you wish to consult with an attorney" at 11:13, Defendant replied "possibly." Defendant said it depends on how the interrogation goes. A conversation ensued back and forth with Defendant, with Sgt. Jorgensen explaining to him that this is a breath test advisory and it pertains to consulting with an attorney prior to the test.
At 11:17, after not getting through the advisory yet, Sgt. Jorgensen told Defendant he was going to read through the advisory again. Defendant replied "No, I, I, I understand it perfectly, perfectly here, but I don't know what statute, I don't know what statute it is." At 11:18, Sgt. Jorgensen read the part of the advisory "If the tset is unreasonably delayed, or if you refuse to make a decision, you'll be considered to have refused the test." At 11:19 P.M., Sgt. Jorgensen again tried to read the breath test advisory.
Sgt. Jorgensen made it to the point where he again said "If the test is unreasonably delayed, or if you refuse to make a decision, you'll be considered to have refused a test." Defendant stopped him and went on about multiple things before saying he is not understanding. Defendant stopped Sgt. Jorgensen when he was explaining the party about having a right to consult with an attorney, and Defendant said "correct, let's do that. Let's go down that road." Defendant then asked what the next question was, and Sgt.
