Drunk Driving Cases
Alaska DWI Lawyer
Frederick T. Slone, Esq.

SAMPLE CASE NO. 17 - Municipality v. R.G. (District Court, Anchorage)

An Anchorage police officer saw R.G.’s pickup sitting diagonally on a street leading to a parking lot, apparently partially blocking a compact car from leaving the parking lot. As the officer approached the two vehicles, the compact car drove away and R.G. started driving away in his pickup. The officer turned his overhead lights on to stop the pickup, and the pickup accelerated and continued driving past the officer. The officer followed the truck until it parked in the end of a condominium complex parking lot. As R.G. and his friend left the vehicle, the officer contacted them.

The officer conducted field "sobriety" tests which were allegedly failed and arrested R.G. for DWI. As he was attempting to arrest R.G., R.G. allegedly resisted the arrest.

R.G. was transported to a police station where a breath test was administered with a .111 result. After the breath test was administered, R.G. requested a second breath test. The officer refused this request but offered him the opportunity for a blood test. R.G. did have a blood test and the blood alcohol level from the analysis of that blood was .145.

R.G. was charged with DWI and Resisting Arrest.

R.G. retained Mr. Slone in both the DMV proceedings and the criminal case. In the DMV proceeding, Mr. Slone subpoenaed the arresting officer and the officer who conducted the breath test. Under cross-examination by Mr. Slone, the officer who conducted the breath test admitted that R.G. belched just prior to the administration of the breath test. Mr. Slone requested dismissal of the administrative license revocation action on the grounds that the breath test training manual requires that an additional 15 minute observation period be complied with if an individual burps or belches. Mr. Slone also requested dismissal of the license revocation action on the grounds that there was an illegal stop, and the officer violated R.G.’s right to an independent test of his choice when the officer failed to administer a second breath test as requested by R.G. Based on the evidence produced at the hearing, the hearing officer was compelled to dismiss the revocation action and R.G.’s license was reinstated.

In the criminal case, Mr. Slone filed pretrial motions to suppress the breath test evidence, and suppress all evidence obtained after the stop, and dismiss the case. After a pretrial evidentiary hearing, the judge granted Mr. Slone’s request, holding that the officer did not have sufficient justification for stopping R.G.’s vehicle in the first instance. Therefore all evidence obtained after the stop was thrown out and the case was dismissed in its entirety.

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