Dan Wolgamott DWI Plea Deal
Dan Wolgamott DWI Plea Deal
Dan Wolgamott DWI Plea Deal
Defendant.
I wish to enter a plea of guilty in the above-entitled case and I hereby state to the Court the
following:
1. I am the Defendant in this case, my full name is Daniel Kirk Wolgamott, and my date
Impaired in violation of Minn. Stat. § 169A.20.l(l); § 169A.27.2 and Count 2: Fourth Degree-
DWI-Operate Motor Vehicle-Alcohol Concentration 0.08 within 2 hours in violation of Minn. Stat. §
169A.20.l(5); § 169A.27.2.
4. I arn pleading guilty because on July 7, 2023, in the County of Kanabec, State of
Minnesota, I drove my automobile with an alcohol concentration in excess of 0.08 (0.09) within two
hours of my driving.
S. I understand that the maximum possible sentence for the misdemeanor offense to
an attorney and that an attorney will be appointed to represent me without cost to me ifI cannot
afford to pay for an attorney.
7. I have fully discussed the charges, my constitutional rights, and this Petition with my
8. I understand that I also have the following constitutional rights which I knowingly
a. The right to a trial to the court or to a jury in which I am presumed innocent until
proven guilty beyond a reasonable doubt and in which all jurors in a jury trial
must agree I am guilty before the jury could find me guilty.
e. The right to a pretrial hearing to contest the admissibility at trial of any confessions
or admissions or of any evidence obtained fiom a search and seizure.
9. That I am entering my plea of guilty fieely and voluntarily and without any promises
10. On my plea of guilty to Count 2, Count l will be dismissed and I will receive 45 days,
stayed for two years to Community Corrections on the following conditions: complete a chemical
class); MADD Panel (completed); no driving without a valid driver's license; no same or similar;
follow the rules and regulations of probation, including signing releases to obtain the chemical health
information; pay a $400 fine, plus surcharge, within 30 days; and remain law abiding.
subsequent impaired driving offense, I could be subject to the following increased penalties, license
INCREASED PENALTIES:
Second offense in 10 years: Minimum 30 days jail executed with at least 48 hours
consecutive, or 8 hours of community service in lieu of each day in jail.
Third offense in 10 years: Minimum 90 days jail executed with at least 30 days consecutive,
or 6 days in jail and a DWI program of intensive supervision (e.g., Safe Streets).
Fourth offense in 10 years: Minimum 180 days jail executed with at least 30 days
consecutive before EI-IM, or 6 days in jail and a DWI prograrn of intensive supervision.
Fifth offense in 10 years: Minimum of 1 year in jail executed with at least 60 days
consecutive before EHM, or 6 days in jail and a DWI program of intensive supervision, both with
balance of the year on EHM.
IMPOUNDMENT 0F PLATES:
The Commissioner of Public Safety shall issue a registration plate impoundment order when:
1) a person's driver's license or driving privileges are revoked for a plate impoundment
violation (with one prior; license disqualification or cancellation; .20 alcohol concentration; or child
under 16 in vehicle at time of offense); or
VEHICLE FORFEITURE:
A motor vehicle involved in an Impaired Driving Offense is subject to forfeiture:
12. I understand that if the Court does not approve this agreement I have the right to
withdraw my plea of guilty and have a trial.
13. I understand that if this plea of guilty is accepted, I have the right to be present at the
14. I hereby knowingly and voluntarily give up my right to be present upon entry of my
plea and sentencing and request that the court sentence me in my absence, but according to any plea
fill/W
4"
Dated this £29 day of August, 2023.
I, Paul W. Rogosheske, state that I am the attorney for the Defendant in the above-entitled
fl
criminal action; that I personally explained the contents of the above petition to the defendant.
c, % C
Paul W. Rogosheske
Approved as to form:
$3)
Dated this Zj day ofAugust, 2023.
Steven Candy
Assistant Kanabec County 9y
BY THE COURT:
Dated:
JUDGE OF DISTRICT COURT