Kelly Cole through his lawyer made one request after pleading guilty to one county of Felony DWI.
The request was to be able to attend his brother’s funeral who passed away suddenly this past weekend.
After Chief Deputy Jeremy Nachreiner told the Judge during the hearing that they would be able to arrange for him to leave Jail for the funeral Judge Ferrazzano II granted the request.
As part of the plea agreement Cole was convicted of DWI- Refuse to submit to chemical test which is a Felony because he has a previous Felony DWI conviction.
According to the complaint filed in Watonwan County Court on July 1 St. James Police Officer Jonathan LeClaire responded to the 1100 block of First Ave South for a report of a possible intoxicated driver. The reporting party stated that an individual was operating a ,motorcycle and had almost tipped it over several times and had crossed the centerline. Another party identified the driver as Kelly Cole.
Officer LeClaire responded to the area and observed defendant talking to someone in a van. Officer LeClaire spoke to the Cole. He denied driving the motorcycle. His speech was slurred, he was swaying while standing, stumbled when he walked, he had watery eyes and Officer LeClaire smelled alcohol on him. Cole was leaning against the van to keep his balance.
He was then arrested on two warrants. There was a motorcycle on the east side of the house with its lights on and the keys in the ignition, and Cole acknowledged it was his.
At the Law Enforcement Center, Cole refused to perform sobriety testing and refuse a PBT. He was read Implied Consent and refused to take a breath test.
As part of the agreement Cole will be sentenced to prison for 57 months.