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

SAMPLE CASE NO. 18 - Municipality v. N.G. (District Court, Anchorage)

As N.G. was leaving a bar parking lot just before bar closing time another car had pulled up to the bar to pick up a passenger. This other car was not parked in the regular marked area for parking and was arguably parked illegally next to the street. As N.G. was pulling his Jeep out of the parking lot he struck the other vehicle. This occurred just as the owner of the other car was about to walk into the bar.

The driver came back and confronted N.G. N.G. apologized and asked the woman if there was something they could work out. The woman took N.G.’s keys from his vehicle while she was talking to him. At that time two of the woman’s friends came out of the bar and also joined the conversation. Eventually the woman gave N.G. his keys back but indicated that she was going to call the police. One of the individuals went in to call the police, after which N.G. got in his vehicle and left the scene.

When the police arrived, the witnesses gave a description of the vehicle, including the license plate number. The police were unable to contact N.G. until after the following day. At that time, N.G. advised the police that he was involved in the accident and that he left the scene because he was scared. N.G. was charged with driving while intoxicated and driving on a suspended license. His license had been suspended earlier that year as a result of driving infractions. Three witnesses all told the police that N.G. was obviously drunk.

N.G. retained Mr. Slone. When the prosecutor refused to dismiss the DWI case, the matter was set for trial. For employment purposes, it was extremely crucial to N.G. that he avoid a conviction for DWI, although he acknowledged that he had been driving on a suspended license.

At trial, the three witnesses all testified that N.G. was obviously intoxicated. They testified that he almost fell out of his vehicle, that he was having difficulty walking, that he reeked of alcohol, and that he was slurring his words. N.G. testified that he had drank a couple of beers but he was not intoxicated. The reason he left the scene was not because he was afraid of being arrested of DWI, but because he knew he was driving on a suspended license and he simply "freaked".

Of particular importance was that N.G. had been with a cousin of his at the bar earlier that evening. His cousin, a flight attendant, testified credibly that she did not see N.G. drink excessively, and that there was nothing about him that led her to believe that he was intoxicated. It was also helpful at trial that there were internal inconsistencies between the testimony of the three witnesses against N.G., brought out on cross-examination, and at least two of those witnesses had themselves been drinking.

The jury returned a "NOT GUILTY" verdict on the DWI charge. N.G. was not contesting that he was driving with a suspended license.

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