27-CR-23-26331

Filed in District Court

State of Minnesota
2/15/2024 2:12 PM

State of Minnesota District Court

County of: HENNEPIN Court File No.: 27-CR—23-26331

Judicial District: FOURTH Case Type: Criminal

State of Minnesota,
Plaintiff,

vs.

Wesley Wade Phillips,

Defendant.

Petition to Enter Plea of Guilty in Misdemeanor or Gross Misdemeanor Case

Pursuant to Rule 15

TO THE ABOVE—NAMED COURT:

l wish to enter a plea of guilty in the above-entitled case, and l

hereby state to the Court the
following:

1. Iam the Defendant in this case, my full name is Wesley Wade Phillips, and my date of
birth is 02/17/1979.

2. | am charged with 4t" Degree DWi , in violation of Minn.Stat. § 169A.20.1(1)

3. l
hereby plead guilty to the amended charge of Careless Driving, in violation of Minn.Stat.
§169A.13.Zlal.
4. lam pleading guilty because on December 8, 2023, in the City of Minneapolis , County of
Hennepin, State of Minnesota, committed the following acts (state sufficient facts to
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establish a factual basis for all elements of the offense(s) to which the defendant is
pleading guilty):

drove a vehicle in a careless manner when was driving over the posted speed limit
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after consuming alcohol. My actions endangered myself and others on the roadway.

5. |understand that the maximum possible sentence for any misdemeanor offense to which
lam pleading guilty is 9O days imprisonment or a fine of $1,000.00 or both, and that the
maximum possible sentence for any gross misdemeanor offense to which am pleading |

guilty is imprisonment for 364 days or a fine of $3,000.00 or both.

 27-CR-23-26331
Filed in District Court
State of Minnesota
2/15/2024 2:12 PM

6. RIGHT TO AN ATTORNEY. understand that have the right to be represented by an

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attorney and that an attorney will be appointed to represent me without cost to me if l

cannot afford to pay for an attorney.

7. M have fully discussed the charge(s), my constitutional rights, and this petition with my
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attorney, David L. Valentini.

OR

E] WAIVER OF ATTORNEY. give up my right to be represented by an attorney and any

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right might have to request that an attorney be appointed to represent me.

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8. l understand that also have the following constitutional rights which knowingly and
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voluntarily give up:

a. The right to a trial to the court or to a jury in which lam presumed innocent until
proven guilty beyond a reasonable doubt and in which all jurors in a jury trial
must agree am guilty before the jury could find me guilty.
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b. The right to confront and cross—examine all witnesses against me.

c. The right to remain silent or to testify for myself.

d. The right to subpoena and present witnesses to testify for me in my defense.

e. The right to pretrial hearing to contest the admissibility at trial of any

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confessions or admissions or of any evidence obtained from a search and seizure.

9. Iam entering my plea of guilty freely and voluntarily and without any promises except as
indicated in number 10 below.

10. Iam entering my plea of guilty based on the following plea agreement with the
prosecutor (if none so state): Amend Count 1 to Careless driving. 30 clays in iail with
27
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days stayed for year. Credit for 2 days iail served. Perform 8 hours Community Work
Service at a non—profit approved by probation in lieu of iail to be completed in 60 days.
Pay a $300 fine plus $78.00 surcharges to be paid in 3O days. Waive challenge to driver's
license revocation (Court File No. 27—CV-24—41).

Chemical Use Assessment (completed). Comply with assessment recommendations

(completed). MADD Victim Impact Panel (completed). No further programming needed.

No same or similar offense: no new alcohol or drug-related traffic offenses; no driver's

license or insurance offenses; no careless or reckless driving offenses.

11. Iam not presently under the influence of alcohol 0r any drug or medication, and l am not
it
suffering from any mental disability or handicap in communication that would make
difficult for me to fully understand my rights, the proceedings or the charges.
 27-CR-23-26331
Filed in District Court
State of Minnesota
2/15/2024 2:12 PM

12. I understand that because of this conviction, if I am convicted in the future of subsequent
impaired driving offense(s), I could be subject to the following increased penalties, license
plate impoundment and/01' vehicle forfeiture:

INCREASED PENALTIES:
Second offense in lO years: Gross Misdemeanor offense, maximum of one year in jail
and/or a fine of $3000.00, plate impoundment and possible vehicle forfeiture. A
minimum of 30 days of incarceration, at least 48 hours of which must be served in a
local correctional facility.
Third offense in 10 years: Gross Misdemeanor offense, maximum of one year in jail
and/or a fine of $3000.00, plate impoundment and vehicle forfeiture. A minimum of
90 days of incarceration, at least 30 days of which must be served consecutively in a
local correctional facility.
Fourth offense in 10 years: Felony offense, maximum of seven years in jail and/or a
fme of$14,000.00, plate impoundment and vehicle forfeiture. A minimum of l 80 days
of incarceration, at least 30 days of which must be served consecutively in a local
correctional facility.

IMPOUNDMENT OF PLATES:
The Commissioner of Public Safety shall issue a plate impoundment order when a person's
driver's license or driving privileges are revoked for a plate impoundment violation. Plate
impoundment violations include:
1) Driving while impaired violation or license revocation for test failure or refusal that
results in the revocation of a person's driver's license or driving privileges within ten
years of a qualified prior impaired driving incident;

2) Driving while impaired violation or license revocation for test failure or refusal, while
having an alcohol concentration of greater than .16 or while having a child under the
age of 16 in the vehicle;

3) Commercial driver's license disqualification resulting from a license revocation for test
failure or refusal within ten years of a qualified prior impaired driving incident;

4) Driving without valid license violation by a person whose driver's license or

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privileges have been cancelled or denied as inimical to public safety.

VEHICLE FORFEITURE:
A motor vehicle involved in an impaired driving offense is subject to forfeiture for:

l) F irst—degree or Second-degree Driving While Impaired;

2) By a person whose driver's license or privileges have been canceled as inimical to
public safety and not reinstated;

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 27-CR-23-26331
Filed in District Court
State of Minnesota
2/15/2024 2:12 PM

3) By a person who is subject to a restriction on their driver's license, which

provides that
the person may not use or consume any amount of alcohol or a controlled substance.
(e.g. "B—Card")
13. understand that if the court does not approve this agreement,
I
| have the right to
withdraw my plea of guilty and have a trial.

14. I understand that if this plea of guilty is accepted, have the right to be present at the l

time of sentencing and to speak and to present evidence on my behalf.

15. M hereby knoWingly and voluntarily give up my right to be present when my plea is
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entered.

16. D hereby request to

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be present at the time of sentencing.

OR

M hereby knowingly and voluntarily give up my right to be present at the time of

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sentencing and request that the court sentence me in my absence, but according to any
plea agreement that might be contained in this petition.

17. lunderstand that if am not a citizen of the United States, my plea of guilty may result in
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deportation, exclusion from admission to the United States, or denial of naturalization as

a United States citizen.

Date; 02/15/2024 WWI!"

Signature of Defendant
Name: Wesley Wade Phillips
Address:
City/State/Zip:
Phone:
Email: [email protected]

I, DavidValentini , state that am the attorney for the defendant in the above—entitled
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criminal action and that personally explained the contents of the above petition to the
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defendant.

Date; 02/15/2024 flow/du i ii ii

ValeMt/hl'
cl' i'» Wr'lrl i'il"7v:')C'xiE

Attorney for Defendant

Email: [email protected]
 27-CR-23-26331
Filed in District Court
State of Minnesota
2/15/2024 2:12 PM

Dated; _2/14/24 PM 5W
Prosecuting Attorney, David Bernstein
Email: david.bernstein@minneapolismn.,<zov

PETITION AND PLEA OF GUILTY ACCEPTED BY

Judge of District Court Date