Worthington man faces 12th DAR citation

• Xanaxay

Xanaxay

Talk about it

WORTHINGTON — A Worthington police officer on routine patrol recently observed a white Toyota driving down the road. Familiar with the car and the driver, the officer pulled the Toyota over.

The traffic stop a week ago would lead to the 12th time Steven Xanaxay, 22, of Worthington, would be charged with driving after revocation since 2008, and his third arrest for driving while impaired.

While the third DWI arrest will likely push him toward the severe end of the sentencing guidelines, a person can get an infinite number of citations for driving after revocation, suspension or cancellation without ever getting more than a misdemeanor charge in the state of Minnesota.

Xanaxay was first charged with driving without a valid license in October 2005, when he was 16 years old. He pleaded guilty to the charge and was fined $179, which he paid that day. In October 2006, he was cited for violating his instructional permit and speeding. A month later, he was fined $284 after pleading guilty to the two charges.

In August 2007, Xanaxay was charged with driving after suspension. He pleaded guilty and paid another $179. Also in 2007, he was cited for careless driving, exhibition driving and speeding, paying a fine each time.

By the time Xanaxay received his next driving after suspension citation, he was 18 years old. He was sentenced to serve 90 days in jail, but 69 of those days were stayed. He was placed on probation for a year, and his fine was heftier this time around — $579.

Six weeks after his sentence, he was charged again with driving after suspension. He was also charged with driving while impaired and possession of drug paraphernalia.

Xanaxay began skipping court appearances on a regular basis during 2008. A warrant went out for his arrest that October, when he failed to appear for a sentencing. In January 2009, he entered into a plea agreement with the state, was given a 30-day jail sentence and ordered to do community work service in lieu of a $500 fine. He was also placed on probation for a year.

The probation didn’t do much to slow Xanaxay down. He was cited in Cottonwood County June 16, 2009, for driving after revocation and having no seatbelt on a passenger under the age of 4 years old. He pleaded guilty in August and was given a $400 fine. By then, he was already facing another driving after revocation charge, having been cited in Nobles County in July 2009. That citation was deemed payable without an appearance, and he was fined $282. He still owes more than $100 of that fine.

According to court documents, Xanaxay owes more than $2,300 in court fees and fines.

He was charged with his first felony in 2009 after being arrested for domestic assault strangulation in August of that year. Out on bond, he was arrested for domestic assault again two weeks later. Once again, Xanaxay skipped court appearances and warrants were issued. He finally pleaded guilty to a misdemeanor charge in July 2010 and the felony was dismissed.

Six months before that plea, Xanaxay was arrested for fifth-degree controlled substance possession, along with charges of driving an uninsured vehicle and driving after revocation. He failed to make a court appearance, but was picked up on July 4, 2010, and charged with drug possession, fleeing from police officers, driving while impaired by a controlled substance and driving after revocation.

That case was scheduled to go to trial in October, but Xanaxay chose to plead guilty to the drug charge instead — adding a felony to his list of convictions. As punishment, he was sentenced in December 2010 to five years of probation.

Two months later, he was arrested for fifth-degree controlled substance possession, storing chemical substances in the presence of a child and storing meth paraphernalia in the presence of a child. A bail study was done, and Xanaxay’s bond was set at $1,500. That was Feb. 9.

On March 21, a warrant was issued for Xanaxay’s arrest. A second warrant was issued in June when he failed to make a court appearance. Xanaxay was arrested, and a new bond amount was set at $3,000.

From the time Xanaxay was arrested until he entered into a plea agreement and pleaded guilty to the drug charge, he had been cited three more times with driving after revocation. During the November hearing for the drug charge, Xanaxay was sentenced to a year in prison. That sentence was stayed on the condition he serve 90 days in jail and do five years of probation. He was given credit for time served and released.

Because driving after revocation is only a misdemeanor, no matter how times a person is cited for it, the charges don’t violate his probation.

The sentencing took place on Nov. 28 at approximately 9:15 a.m. At 2:45 p.m. that same day, Xanaxay was allegedly driving a white Toyota down the road when an officer who knew his name, face, vehicle and history initiated a traffic stop. According to the complaint, Xanaxay allegedly did not pass the field sobriety tests and admitted to using meth. He is currently sitting in the Nobles County Jail on a $12,000 bond, waiting on his next court appearance. His application for a public defender was approved.

Tags: news, worthington, man, 12th, dar, citation