On or about March 28, 2026, at approximately 5:42 P.M., Minneapolis police responded to a vehicle incident at Sheridan Avenue South and 39th Street West in Minneapolis, Hennepin County, Minnesota. Officers arrived on scene and saw DEREK AIKEN JOHNSON (“Defendant” herein) walking away from a vehicle that had crashed into an electric pole. The vehicle was identified as a black Chevrolet Malibu with Minnesota license plate [PLATE REDACTED] (“the Malibu” herein). Officers instructed Defendant not to touch the live wires that had fallen from the electric pole, and Defendant seemed confused about these instructions.
Officers spoke with a witness on scene. This witness told officers that he saw the Malibu driving down Sheridan Avenue South before turning east onto 39th Street West. The witness stated the Malibu crashed into an electric pole. The witness stated he called police because he saw Defendant walking away from the Malibu after it crashed, and Defendant appeared to be drunk. The witness said Defendant could barely stand. Officers spoke with Defendant. Officers smelled the odor of alcohol coming from Defendant, and they noticed Defendant could not walk on his own without stumbling.
Officers directed Defendant to move away from the electrical wires, but Defendant seemed confused and made nonsensical statements in response to officers’ commands. Eventually, officers escorted Defendant away from the wires. Defendant told officers, “I am so f*****.” Officers asked Defendant what happened, and he said he struck the electrical pole when he came around the corner because it “came out of nowhere.” Defendant refused medical care. Officers asked Defendant to sign paperwork confirming his denial of medical attention, but Defendant struggled to understand the paperwork.
Officers asked Defendant to provide his ID. Defendant struggled to find his wallet and initially pulled out a credit card for officers before providing his ID. Officers attempted to administer standard field sobriety tests (“SFSTs” herein). Defendant agreed to complete SFSTs, but when officers gave instructions for one of the tests, Defendant almost fell and hit his head on the curb. Given Defendant nearly falling multiple times, officers decided it was not safe to complete SFSTs. Defendant agreed to provide a preliminary breath test sample, which yielded a result of 0.42 BAC. Officers transported Defendant to the Minneapolis police station, where they read him the Minnesota Breath Test Advisory.
Defendant provided a sufficient breath sample at 6:41 P.M. Yielding a result of 0.32 BAC. Defendant was convicted of felony first-degree DWI in violation of Minn. Stat. § 169A.20, subd. 1(1) on August 8, 2013 (see MNCIS Court File Number 27-CR-12-35139).
