boating dui, refusal, eluding - dismissed!

Summary:  Poor police work opens the door for Attorney Fred Slone to get the charges dismissed for boating DUI, eluding and refusal of a breath test charges.

state of alaska vs. B. B., district court, whittier

harbor dispatcher reports possible boating dui

In June of 1998, a police officer in Whittier received a complaint from the   dispatcher at the boat harbor that an individual had spilled several gallons of   fuel into the waters of the harbor, and that the dispatcher believed that the   individual was intoxicated.

police respond to alleged boating while drunk

Two Whittier police officers arrived at the fuel   dock as the vessel was approaching the dock. The police officers, in uniform,   advised the captain to tie off at the fuel dock. The captain of the vessel then   reversed his vessel and began to leave the harbor area again. The police   officers then boarded a skiff and pursued the vessel. About 1 mile into the bay,   the police skiff pulled along side the vessel and the vessel captain shut the   engine off. The police officers boarded the vessel. They asked B. B., the   captain and owner of the vessel, what he was doing, and B. b. allegedly stated that   he was "partying".

police arrest  for operating watercraft while intoxicated

After noting signs of intoxication , the police arrested B. b.   for operating a watercraft while intoxicated and eluding an officer.

captain refuses to submit to sobriety test

B. b. was taken to the police station in Whittier and allegedly refused   to submit to a breath test. Consequently, B. b. was charged with refusal to   submit to a chemical test, operating a vessel while intoxicated, and eluding a   police officer.

boat captain on probation

B. b. had a prior DWI conviction within the last 10 years, and   was on probation for an assault conviction entered a few months prior to his   arrest in this case.

B. b. retained Attorney Fred Slone. B. b. had previously   retained Attorney Slone in a case in which he was charged with DWI and felony   tampering with evidence. In that case, Attorney Slone negotiated a disposition whereby   the DWI and the felony tampering with evidence charges were dismissed and B. b.   entered a no contest plea to a reduced charge of reckless driving.

police fail to abide by law

In   this case Mr. Slone obtained discovery materials from the State, including a   video tape of the events that transpired at the police station. Based on the   video recording, and affidavit of B. b., Attorney Slone filed a pretrial motion to   suppress evidence and dismiss the DWI charge. The motion was based on several   violations by the police, including (a) failure of the police to advise B. b. of   the consequences of refusal to submit to the breath test; (b) denial of B. b.'s   request to contact an attorney before being requested to submit to a breath   test; (c) misinforming B. b. that .08 is the legal limit in Alaska for operating   a vessel while intoxicated; (d) failure to advise B. b. that his Miranda rights   did not give him the right to refuse the breath test; and (e) failure to advise   B. b. of his right to an independent test other than the breath test.

district attorney agrees to dismiss all charges

After reviewing the motion to dismiss filed by Attorney Fred Slone, the District   Attorney agreed to dismiss all charges. B. b. was fully and completely exonerated   without any further court hearings.