Lynette Ann Fitzsimonds, a 49-year-old Inver Grove Heights woman, was charged with criminal vehicular operation and two counts of third-degree DWI, both gross misdemeanors punishable by up to one year in jail and a $3,000 fine. She also faced two misdemeanor charges for reckless driving and fleeing police on foot.
The crash occurred on the night of May 17, 2012. Around 10:30 p.m. the Eagan Police Department was called to a traffic accident on 875 Wescott Road, where a black SUV had rolled over. Once on the scene, witnesses pointed officers to a female who was on the sidewalk, yelling and saying that she could not find her dog. This was Fitzsimonds.
According to the original criminal complaint, Fitzsimonds started walking away from the scene, east, two Wescott Woodlands Road. The responding officer ordered her to come back because it appeared that she had some injuries on her arms and feet, but she kept walking. He caught up with her at the intersection of Wescott Road and Wescott Woodlands, where it became apparent that she was drunk. The officer noticed a strong odor of alcohol on her breath, bloodshot eyes, slurred speech.
Fitzsimonds refused to come back to the scene to discuss the accident, and insisted that she wanted to look for her dog.
Once she was cuffed and in the squad car, officers noted that she had injuries on her elbows, hands and head that appeared to be cuts from shattered glass. She also had minor abrasions on her feet. When questioned, she admitted to having a few drinks before driving on Wescott, but said she couldn't remember what happened after that.
Another driver told police that he was driving east on Wescott when he looked in his rearview mirror and saw a black SUV approaching at a rapid clip. He tried to veer left to avoid a crash but the SUV rear ended him. The collision sent his vehicle into a spin. When it came to rest, he was facing west in the middle of the road. The SUV glanced off his vehicle and rolled.
Fitzsimonds refused to perform sobriety tests and would not submit to a preliminary breath test. A subsequent blood test showed that she had a blood alcohol level of .18. The legal limit is .08.
On June 5, 2013 Fitzsimonds pleaded guilty. In exchange, the two lesser charges were dismissed, as was one count of DWI, and the court agreed to a stay of adjudication for the first charge, criminal vehicular operation.
Fitzsimonds was convicted of one count of third-degree DWI. On Aug. 15, Judge Karen Asphaug sentenced her to 10 days in the county jail (with credit for one day already served), a $300 fine, 80 hours of community service, 30 days of home monitoring and three years of probation.
If Fitzsimonds successfully completes her probation the charge for criminal vehicular operation will be dismissed.
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