On Monday (April 28), the attorney for Bert Hertzog of Winsted challenged the probable cause for a search warrant executed at Hertzog’s residence last June, which resulted in charges of  inspection of commercial vehicles without certification, theft-by-swindle, and aggravated forgery.

Attorney Thomas Shiah of Minneapolis presented the challenge to the probable cause that led to the search last summer.  The search recovered unauthorized vehicle inspection stickers, as well as a letter that informed Hertzog that his inspector certification was suspended — something that Hertzog said he was unaware of.

The charges stem from Hertzog allegedly issuing fake inspection stickers to commercial vehicles even though he wasn’t licensed to do so.

The judge will take the matter under advisement and issue a decision after May 16, commented Assistant County Attorney Brian Lutes.  Both sides of the case submitted their legal arguments, and the judge will weigh both.

An initial investigation done by the State Patrol showed Hertzog did commercial vehicle inspections in 2006 and 2007. Hertzog issued vehicle inspection reports to owners and inspection decals, according to a formal complaint. The decal numbers issued with inspections were recorded and tracked. The decals appeared to be fake, because the actual decals were issued to other people by legitimate certified inspectors, according to the complaint.

Hertzog’s next court date is a pre-trial conference 1:30 p.m. Friday, June 27.