Driver sentenced for DWI with child in vehiclePublished 11:28am Tuesday, January 14, 2014
A Minot, N.D., man who drove drunk with a child in the vehicle in Fergus Falls was sentenced to jail time Monday.
Michael Troy Costner Jr., 31, pleaded guilty and was sentenced to 365 days in jail, with 325 days to be stayed for six years, for gross misdemeanor second-degree DWI.
He was also convicted of misdemeanor possession of an open bottle. In exchange for the plea, additional counts of gross misdemeanor second-degree DWI, misdemeanor driving without a valid license and petty misdemeanor possession of drug paraphernalia were dismissed.
According to the criminal complaint, Costner Jr. was driving at about 10:30 p.m. Jan. 1 in Fergus Falls when a deputy conducted a traffic stop for brake lights that were out.
Four people were reportedly inside the vehicle, including an infant in a car seat. Costner Jr. was reportedly driving, without a driver’s license, because the vehicle’s owner was too intoxicated to drive.
A preliminary breath test showed Costner Jr.’s alcohol concentration to be 0.155.
An open 12 pack of beer was found in the front passenger seat, and Costner Jr. also had marijuana, the report says.
Costner Jr. has a DWI conviction in North Dakota from September 2008.