In the Seventh Judicial District Court of Morrison County, Joshua Bennett Byker, 29, Little Falls, was sentenced with one count of DWI, operating a motor vehicle with an alcohol concentration of 0.08 within two hours.
On June 25, 2011, a state trooper observed a vehicle with expired tabs. He also observed the vehicle cross the center line.
The officer stopped the vehicle and identified Byker.
Byker’s eyes appeared bloodshot and watery and he smelled of alcohol. He admitted he had been drinking more than he should have.
A portable breath test was performed and the results came back as .193 alcohol concentration. Byker declined further tests.
Following Byker’s arrest, the officer located an open bottle of whiskey, two three-foot tall marijuana plants and a pipe with marijuana in the bowl.
Byker was transported to the Morrison County Jail where he agreed to give a breath test. It came back as 0.20 alcohol concentration.
An examination of Byker’s driving record showed he had prior convictions for driving while under the influence for Oct. 4, 2003, Nov. 14, 2004, Sept. 30, 2007 and Jan. 19, 2008.
Byker was sentenced to 36 months at the correctional facility in St. Cloud, stayed for seven years and 360 days in jail with six days credited for time served. He was fined $335 and given supervised probation for seven years.
Dismissed against Byker was one felony count of DWI, operating a motor vehicle while under the influence of alcohol. Assistant County Attorney Todd Kosovich said the courts typically agree to dismiss other charges at sentencing when a guilty plea has been given. If the felon breaks any more laws between the plea and sentencing, the plea deal can be made null and void.
Also dismissed against Byker was one gross misdemeanor count of driving after cancellation.