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

SAMPLE CASE NO. 19 - State v. M.S. (District Court, Anchorage)

On a December evening M.S. was stopped by a State Trooper in the area of the Alyeska Ski Resort, south of Anchorage. The trooper noted signs of intoxication, administered field "sobriety" tests, and a preliminary breath test with a result of .150. M.S. was arrested and taken to the trooper station in Anchorage where a breath test was administered with a .161 result.

After the breath test was administered, M.S. requested a second breath test. The trooper advised him that he would not give him a second breath test, but would assist him in obtaining a blood test. However, the trooper indicated to M.S. that in his experience the blood test results are usually higher than the breath test.

Mr. Slone was retained. After obtaining and reviewing all of the discovery materials, including a video recording of the processing at the station, Mr. Slone filed several pretrial motions, including motions to dismiss and motions to suppress evidence. A pretrial evidentiary hearing was held over the course of 2 days. At the conclusion of the hearing, the judge granted Mr. Slone’s request to suppress the breath test evidence on the grounds that the trooper had effectively discouraged M.S. from obtaining an independent blood test by giving his "opinion" that blood test results are usually higher than breath test results.

After the judge threw out the breath test evidence, the DA offered a deal by which he would dismiss the DWI charge if M.S. would plead no contest to a traffic infraction of negligent driving. M.S. agreed to this deal. Thus, the DWI charge was dismissed and M.S. received a fine of $150.00, with no jail or community work service.

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