Brown County District Court
• Elijah M. Foley, 22, 711 S. Payne St., New Ulm, was charged with two counts of gross misdemeanor second-degree DWI and misdemeanor open bottle Tuesday. According to court documents, New Ulm Police were on patrol at 2:53 p.m. Aug. 4 when they saw a westbound vehicle on 10th South Street that crossed Broadway.
Police radar showed the suspect vehicle was traveling 45 mph in a 30 mph zone. The vehicle braked rapidly, then accelerated quickly at Washington Street. Police stopped the vehicle, identified the driver as Foley and saw an open alcohol container behind the front passenger seat where liquid was spilling out that was confirmed to be alcohol.
Police noticed a strong alcoholic odor coming from the vehicle and Foley who showed signs of intoxication. He admitted speeding, drinking and being intoxicated. He submitted to a Preliminary Breath Test that he failed and was arrested for DWI.
Police searched the vehicle and found two pipes commonly used for smoking marijuana and that smelled of burnt marijuana. Police found two additional open alcohol containers that each had an alcoholic beverage in them.
Foley provided a breath sample for analysis that showed an alcohol concentration of .19 grams per 210 liters of breath, more than twice the legal limit.
A passenger in the vehicle claimed ownership of the pipes. A check of Foley’s driving record indicated he had one qualified, prior impaired driving incident on or about Jan. 22, 2018.