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By LeAnn R. Ralph
MENOMONIE — A Dunn County judge has found probable cause in a case involving a 45-year-old Glenwood City man charged with a fifth offense of operating a vehicle while intoxicated in connection with driving a moped in Menomonie.
Nathan S. Voeltz appeared in Dunn County Circuit Court December 3 before Judge Rod W. Smeltzer with his attorney, Lynne McMullen, for a preliminary hearing.
Samantha Richie previously served as Voeltz’s attorney, but McMullen told the court she had recently taken over the case from Richie.
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.
Kayla Tisol, a police officer with the Menomonie Police Department, testified at the preliminary hearing that the incident had occurred on the bike trail behind Walmart and directly east of Walmart and that Voeltz had been found still straddling the moped after it had tipped over.
Two passersby out walking came across Voeltz, but they did not see the crash, Officer Tisol testified.
Voeltz was not responding appropriately, but he was breathing, and he was bleeding from the head, she said.
Officer Mark Pugmire, the officer who responded to the crash, said Voeltz was disoriented and combative, and Pugmire could smell an intoxicant and marijuana, Officer Tisol said.
Officer Pugmire believed Voeltz needed medical attention, but Voeltz was not cooperating, so officers put him in a prone position on the ground and handcuffed him, she said.
Officer Tisol testified that she arrived on the scene when Voeltz was being handcuffed.
At that point, Voeltz was still not complying and did not want medical attention, Officer Tisol said.
Voeltz was placed on a gurney and transported to Mayo Menomonie. Officer Pugmire observed an unopened can of beer in the cup holder on the moped, she said.
At the emergency room, a package was found in Voeltz’s pants pocket that was suspected to be marijuana, and when she field tested the substance, it tested positive for THC, Officer Tisol testified.
Officer Pugmire was able to identify Voeltz by the officer’s previous contacts with him and by Voeltz’s driver’s license, she said.
Voeltz has had four prior OWIs and also a prior conviction for marijuana, Officer Tisol said.
A blood test indicated Voeltz’s blood alcohol level was .21, she said.
During her questioning of Officer Tisol, McMullen confirmed there was no surveillance camera on the trail.
Judge Smeltzer found probable cause and bound Voeltz over for an arraignment hearing scheduled for January 27.
During a court hearing on September 13, Judge Smeltzer denied a motion to dismiss the charges against Voeltz.
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.
Judge Smeltzer set bail with a $1,000 signature bond on May 21 and ordered Voeltz, as a condition of bail, not to consume any alcohol.