Man gets stayed prison for 11th drunken driving conviction
WILLMAR — Elgene Wayne Mahn, 58, of Atwater, pleaded guilty and was sentenced Wednesday on a felony charge for driving while impaired for attempting to drive a vehicle while he was intoxicated in July.
Mahn was sentenced to 36 months in prison, which was stayed, plus a five-year conditional release period, seven years of probation, 365 days in jail and a $1,500 fine.
As part of his sentence handed down by District Judge Michael J. Thompson in Kandiyohi County District Court, Mahn was also ordered to follow the recommendations of a chemical use assessment, to not use or possess drugs or alcohol and to submit to electronic alcohol monitoring.
As part of a plea agreement, another felony, plus a gross misdemeanor charge of driving after cancellation – inimical to public safety and a misdemeanor charge of open bottle, were dismissed.
According to the court file, Mahn had 10 prior convictions for drunken driving dating back to 1974, including three prior convictions in the last 10 years.
The recent prior convictions were in April 2007, November 2007 and December 2010.
The current charges were filed after a Kandiyohi County sheriff’s deputy was called around 5:20 p.m. July 13 to County Park 4 at Salisbury Beach in Spicer regarding an extremely intoxicated person attempting to drive a vehicle.
The deputy found Mahn in the driver’s seat of the vehicle, showing signs of alcohol consumption. The keys to the vehicle were lying on the floorboard.
The person who called law enforcement told the deputy that Mahn had started the vehicle and drove it back and forth before taking the keys and dropping them to the floor of the vehicle.
A preliminary breath test showed a blood-alcohol content of 0.27 percent. Mahn also failed field sobriety tests and was arrested. A breath test at the Law Enforcement Center showed a blood-alcohol content of 0.28. The legal limit for driving is 0.08.