A Friendship man allegedly fell asleep in his running car at a Necedah stop sign, leading to his sixth operating while under the influence charge.
Scott Malczewski, 52, of Friendship is charged with felony operating a motor vehicle while under the influence, sixth offense, and misdemeanor operating a motor vehicle while revoked with revocation due to alcohol, controlled substances, or refusal. If convicted of the felony charge he faces up to 10 years in prison or a fine of up to $25,000, or both.
According to the criminal complaint:
At about 7:53 p.m. May 21, Deputy Brandon Carmody was dispatched to 16th Avenue in Necedah for a report of a person asleep in a running vehicle. According to the reporting party, the driver of the vehicle asked to not have law enforcement contacted as he “would get in trouble,” and the reporting party had obtained the vehicle’s key.
As Carmody arrived on scene he observed the driver of the vehicle, later identified as Scott Malczewski, “stumbling around,” confused, and appeared to be under the influence. A fireman moved the vehicle out of the street into a parking lot.
Asked where he was going, Malczewski said “nowhere.” Malczewski told Carmody he was not driving, and when repeatedly asked where he was going replied “are we going to have a problem?” During the interaction Malczewski swayed, and Carmody could smell an odor of intoxicants coming from Malczewski’s direction.
Malczewski stated he was unsure of his location when asked, and repeatedly inquired if Carmody was going to arrest him. Eventually Malczewski admitted to traveling to Portage from Adams, at which time Carmody informed Malczewski he had traveled in the wrong direction. Asked why he was sleeping in his car in “this county,” Malczewski responded by asking which county. When told Juneau County, Malczewski agreed he should not be in Juneau County.
Asked if he had taken any drugs or had anything to drink, Malczewski responded he had not. When told it “is pretty weird” to sleep at a stop sign, Malczewski replied “yeah, I passed out.” Asked why he passed out, Malczewski responded he is a “slight diabetic,” but said he does not take insulin.
Malczewski told Carmody he does not do drugs, and when asked if he drinks Malczewski stated “I don’t do drugs.”
Carmody asked EMS to respond to ensure Malczewski was not having a diabetic event. While waiting for EMS to arrive, Malczewski told Carmody “I shouldn’t have been driving.” Asked why, Malczewski said because he had “gotten lost.”
Asked to perform field sobriety tests, Malczewski declined.
In an interview with the reporting party, the party stated they pulled behind a vehicle at the stop sign and waited several moments for the vehicle to move. Looking into the mirrors, it appeared the driver was not moving, and honking the horn had no effect on the driver. After pulling to the side of the vehicle, the reporting party saw Malczewski’s eyes closed, and he appeared to be sleeping. The reporting party then approached the vehicle on foot to wake Malczewski up.
When Malczewski woke up he asked the reporting party not to call police. The reporting party stated the vehicle was in drive while Malczewski was sleeping. When Malczewski woke up he nearly rolled the vehicle onto Highway 21, and when told to move the vehicle he backed it up near the ditch and handed the reporting party the keys while telling the reporting party he had too much to drink.
Malczewski was arrested and transported to the Juneau County Jail, where he refused a preliminary breath test. A judge signed an OWI blood draw warrant, and a technician drew blood from Malczewski.
Malczewski is scheduled for an initial appearance Aug. 12 at the Juneau County Justice Center.
Reach Christopher Jardine on Twitter @ChrisJJardine or contact him at 608-432-6591.