Gilbert Levi Phillips, 43, Little Falls, had two felony counts of first degree DWI dismissed Oct. 4, and one count of fleeing a peace officer in a motor vehicle dismissed Sept. 4, in Morrison County District Court. He also had one gross misdemeanor count of driving after cancellation dismissed Oct. 16.
On July 27, Phillips was involved in an accident between the motorcycle he said he was a passenger on and a Hummer. He fled the scene and hid behind a garage. When found, he matched witnesses’ description of the driver. Witnesses also said there was no passenger on the motorcycle.
Phillips was given a preliminary breath test which revealed an alcohol concentration of 0.126. Officer also found marijuana on Phillips’ person.
Officers discovered the motorcycle had been sold to Phillips several months before and he had not registered the transaction. There was also a piece of blue tape covering the license plate’s expired tabs.
An examination of Phillips’ driving record showed three prior DWI convictions and that his driving privileges had been canceled. He had also been previously charged three times for fleeing a peace officer.
Assistant District Attorney Todd Kosovich said, “An irritating legal technicality led to the judge dismissing the complaint. The good news is that it is a correctable situation and I have re-filed a new complaint with the same charges and the same judge signed the new complaint.”