M., Minnesota State Trooper Andrew Gallagher observed a black Chevrolet Tahoe, bearing MN Lic WT5621, traveling at 60 miles per hour, in the right lane on US Highway 10, in Sherburne County, Minnesota. Trooper Gallagher checked the license plate and found that the registered owner’s driving privileges were canceled – inimical to public safety. The registered owner is Reginald Petion, [DOB REDACTED], hereinafter referred to as the defendant. Trooper Gallagher stopped the vehicle and identified the driver as the defendant.
The defendant immediately lit a cigarette. The defendant stated that he knew the status of his driver’s license. While speaking with the defendant, Trooper Gallagher noticed that the defendant’s eyes were bloodshot and smelled the odor of burned cannabis emanating from the vehicle. Trooper Gallagher asked the defendant to leave his vehicle to perform field sobriety tests. Trooper Gallagher is a Drug Recognition Evaluator. Trooper Gallagher noted eye tremors and admitted that he smoked marijuana an hour ago.
He asked the defendant to perform field sobriety tests. The defendant refused. The defendant also refused the preliminary breath test. The defendant was placed under arrest for driving under the influence and driving after cancelation – inimical to public safety. The defendant was placed in the squad car. The trooper smelled the odor of an alcoholic beverage coming from the defendant. The defendant was found to have cannabis in his possession. Trooper Gallagher went back to the vehicle and spoke with the passenger.
When he did so, he observed a cannabis grinder with marijuana shake inside. There was an open Blue Moon alcoholic beverage in the center console, partially filled. Trooper Gallagher obtained a search warrant for the defendant’s blood or urine. When driving the defendant to the St. Cloud Hospital, the defendant told Trooper Gallagher that he wouldn’t take a urine test or a blood test. At 3:57 P.M., the trooper was notified that the search warrant was signed. Trooper Gallagher read the Minnesota Breath test advisory to the defendant and notified him that refusal was a crime.
The defendant didn’t answer any of the questions. When the defendant recognized the trooper had a body camera on and recording, the defendant was uncooperative. The defendant’s conduct was deemed a refusal. The defendant was transported to the Sherburne County Jail. Trooper Gallagher noted that the smell of alcohol coming from the defendant was overwhelming. The defendant has a conviction for felony driving under the influence from May, 30, 2024. PLEASE TAKE NOTICE: Pursuant to Minn. Stat. 609.49, intentional failure to appear for duly scheduled court appearances may result in additional criminal charges, and in addition to any arrest warrant that may otherwise be issued by the Court.