33-CR-23-220

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF KANABEC TENTH JUDICIAL DISTRICT

Case No: 33-CR-23-220

State of Minnesota,

Plaintiff, PETITION T0 ENTER

PLEA OF GUILTY
vs.

Daniel Kirk Wolgamott,

Defendant.

TO: THE ABOVE-NAMED COURT

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

of birth is October 24, 1990.

2. I am charged with the offenses of Count 1: DWI-Fourth Degree Driving While

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.

3. I hereby plead guilty to Count 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

which I am pleading guilty is 90 days imprisonment or a fine of $1,000.00 or both.

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

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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

attorney, Paul W. Rogosheske.

8. I understand that I also have the following constitutional rights which I knowingly

and voluntarily give up:

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.

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 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

except as indicated in number 10 below.

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

health assessment (completed); follow recommendations (completed Operation Foresight eight-hour

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.

l 1. I understand that because of this conviction, if I am convicted in the future of a

subsequent impaired driving offense, I could be subject to the following increased penalties, license

plate impoundment, or vehicle forfeiture:

 33-CR-23-220

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

2) a person is arrested for or charged with a plate impoundment violation of driving

without valid license which has been canceled as inimical to public safety.

VEHICLE FORFEITURE:
A motor vehicle involved in an Impaired Driving Offense is subject to forfeiture:

1) First Degree Driving While Impaired (two or more aggravating factors); or

2) Driving While Impaired when license is canceled as inimical to public safety, or

when subject to license restriction of no use or consumption of alcohol or controlled substances (e.g.,
"B-card").

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

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

 33-CR-23-220

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

agreement that might be contained in this petition.

fill/W
4"
Dated this £29 day of August, 2023.

Daniel Kirk W61gam'3rtt

I, Paul W. Rogosheske, state that I am the attorney for the Defendant in the above-entitled

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criminal action; that I personally explained the contents of the above petition to the defendant.

Dated this Z? day ofAugust, 2023.

c, % C
Paul W. Rogosheske

Approved as to form:

$3)
Dated this Zj day ofAugust, 2023.

Steven Candy
Assistant Kanabec County 9y

PETITION AND PLEA OF GUILTY ACCEPTED:

BY THE COURT:

Dated:
JUDGE OF DISTRICT COURT