police administer test incorrectly

Summary: Man with dentures and .136 breath test defended by Attorney Fred Slone and acquitted at trial.

alaska vs. P. M., district court, palmer

stop by state police for littering

P.M. was driving on the Parks Highway from Fairbanks to Anchorage. He was stopped by a trooper who thought that he saw trash flying from the back of P.M.’s pickup. Field "sobriety" tests were administered and allegedly failed. P.M. was arrested and taken to a police station where a .136 result was obtained on the breath test.

license reinstated at administrative hearing

At the DMV Administrative Hearing, Attorney Fred Slone argued that the revocation action should be dismissed on the grounds that the officer did not have a valid basis for stopping P.M. The hearing officer agreed and reinstated P.M.’s license.

police affirm blood alcohol test results

At trial, the officer testified that P.M. failed field sobriety tests that were administered at the scene and blew a .136 on the breath testing machine.

Slone uncovers truth from police witness

On cross-examination by Attorney Fred Slone, the arresting officer admitted that for the entire distance he followed P.M., he observed no erratic or unusual driving. The officer also admitted that it was possible that the trash he saw did not actually come from P.M.’s truck, but may have flew up as P.M. drove over it.

alaska law requires removal of dentures

Additionally, the officer who conducted the breath test admitted that the breath testing manual required that he observe an individual for at least 15 minutes before administering the breath test to insure that the subject has no foreign objects in his mouth, including dentures.

police failed to require removal of dentures

P.M. testified that he had no more than 4 beers over several hours prior to his stop, which could not have resulted in an actual alcohol level above the legal limit. When asked whether he had any dentures, P.M. pulled them out and showed them to the jury.

jury returns not guilty verdict

The jury returned a verdict of "NOT GUILTY" and P.M. was completely exonerated.

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