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By LeAnn R. Ralph
MENOMONIE — A 45-year-old Glenwood City man has been charged with felony counts of possessing marijuana and a fifth offense of operating a vehicle while intoxicated in connection with an incident involving a moped in Menomonie.
Nathan S. Voeltz made an initial appearance in Dunn County Circuit Court June 18 before Judge Rod W. Smeltzer.
Voeltz is charged with two felony counts of possession of marijuana and a fifth offense OWI and two misdemeanor counts of possessing drug paraphernalia and operating a vehicle while his driver’s license is revoked.
Judge Smeltzer set bail with a $1,000 signature bond.
According to the criminal complaint, at around 5 p.m. May 18, the Menomonie Police Department received a report of a man who had possibly fallen off his moped and was bleeding from the face.
When an officer arrived, he found the man was in the 2200 block of the Stokke Trail in Menomonie and appeared to be intoxicated and to have a head injury.
When a second officer arrived, he observed that the man, identified as Voeltz, was on the ground and actively resisting the first police officer and personnel from the Menomonie Fire Department. Voeltz was handcuffed, and because he would not cooperate, had to be placed on the fire department’s gurney and secured, according to the complaint.
Officers detected the odor of marijuana and alcohol coming from Voeltz, the complaint states.
The first officer reported that when he had arrived on the scene, Voeltz was still straddling his moped after it had tipped over.
Voeltz eventually began walking away from the officer, and the officer noticed there was a can of beer in the cup holder on the moped.
An unidentified man and woman on the scene told officers they were biking on the trail and had found Voeltz and called 911. They told officers they had not witnessed the crash, and they did not know the man.
According to the complaint, “they had to be released without identifying, due to the male regaining consciousness and becoming uncooperative and combative.”
The criminal complaint also describes Voeltz as being “verbally defiant.”
Police officers and fire department personnel were concerned because Voeltz had been unconscious and was bleeding from a head wound.
Eventually Voeltz was transported to Mayo-Menomonie where “the defendant continued to remain somewhat defiant and aggressive with hospital staff and officers, but treatment was able to be provided,” according to the complaint.
A blood sample was taken, and when Voeltz was medically cleared, an officer arrived at the hospital, conducted a search of Voeltz’s backpack and found a glass pipe and a “dug out” which both had the odor of burned marijuana. A small bag of suspected marijuana also was found in Voeltz’s jeans. When Voeltz arrived at the Dunn County jail, a glass pipe and a grinder were located in Voeltz’s clothing, according to the complaint.
A Menomonie police officer advised she had conducted a field test on the suspected marijuana found on Voeltz, and it had tested positive for the presence of THC (the active ingredient in marijuana).
According to the complaint, Voeltz was convicted of OWI in November of 2013 related to an incident in April of that year; in July of 2012 from an incident in March of that year; in August of 2012 from an incident in December of 2011; and in December of 2005 from an incident in August of that year.
Voeltz’s driver’s record revealed that his operating privilege was under revocation on May 19, and the record showed his license had been revoked after he was convicted of OWI in November of 2013.
The criminal complaint also notes that Voeltz was convicted of three misdemeanors within a five year period: misdemeanor bail jumping in October of 2018 in Dunn County; resisting/obstructing in October of 2018 in Dunn County; and fourth degree sexual assault in November of 2016 in Dunn County.
Voeltz also was convicted of possessing marijuana in February of 2011 in St. Croix County, the complaint states.
Upon conviction, the felony charge of possession of marijuana carries a possible penalty of a fine of up to $10,000 and/or a prison sentence of up to three and a half years.
Upon conviction, the felony charge of OWI 5th offense carries a possible penalty of a fine of up to $25,000 and/or 10 years in prison.
Because Voeltz has two or more previous OWI convictions, if the blood alcohol level was .170 to .199, the maximum fine will be doubled; if the blood alcohol level was .20 to .249, the maximum fine will be tripled; if the blood alcohol level is .25 or greater, the maximum fine will be quadrupled.
If Voeltz is convicted of a fifth OWI, the minimum fine is $600 with a minimum prison sentence of six months and his driver’s license will be revoked not less than two years and not more than three years.
For the possession of drug paraphernalia as a repeater, upon conviction, the penalty is a fine of up to $500 and/or a prison sentence of 30 days.
Because Voeltz has been convicted of three misdemeanors in five years, the possible penalty could be a prison sentence of up to two years, and his operating privileges could be suspended for not less than six months or not more than five years, to be served consecutively if his operating privileges are already revoked.
For the charge of operating a motor vehicle while revoked, upon conviction, the possible penalty could be a of fine of up to $2,500 and/or up to one year in the county jail. The court may also revoke driving privileges for six months, unless the court orders a period of less than six months and places the reason for a lesser period on the record.
Voeltz is scheduled for another court hearing on August 13.