jury acquits .100 breath test curb jumper

Summary: Jury acquits driver with .100 blood alcohol level after breath test who was seen driving over curb.

A.D. was stopped after the officer allegedly observed him speeding and driving   up and over a curb. Field "sobriety" tests were administered, and allegedly   failed, after which A.D. was charged with driving while intoxicated. An   Intoximeter 3000 breath test was administered at a substation with a .100   result.

anchorage vs. a.d., district court, anchorage alaska

police testify that suspect was drunk

At trial, the two officers each testified that they believed A.D. was   intoxicated, based on his erratic driving and poor performance on the field   "sobriety" tests, as well as the breath test.

expert witness testifies suspect was drunk

The prosecution called expert   witnesses in an attempt to show that A.D.'s alcohol level was even higher than   .100 at the time he was driving (approximately one hour before the breath test).

suspect says not possible to be drunk

A.D. testified as to the amount of alcohol that he had drank, and   indicated that he had just been out for "breakfast" with a friend of his after   bowling. The amount of alcohol that he drank could not have resulted in a .10   alcohol level at the time that he was driving.

witnesses say not possible for suspect to be drunk

A.D.'s friend also   testified. He testified that he had been with A.D. for most of the evening and   did not note any signs indicating that A.D. was intoxicated. He testified that   A.D. had dropped him off just minutes before he was stopped by the police.

witnesses say suspect careless driver

Both   A.D. and his friend testified that A.D. was not a particularly careful driver.   In fact, they both testified that he had an unusual habit of staying too close   to the side of the road. A.D. testified that that was the way he learned to   drive in rural Alaska when practicing driving with his father. A.D.'s friend   testified that he had been with A.D. before when he had driven up on a curb, but   that A.D. was not at all intoxicated on those occasions. He simply had a habit   of driving very closely to the right-hand side of the road.

defense expert says not possible for suspect to be drunk

Attorney Fred Slone called an alcohol expert from a leading University in the Pacific Northwest. The   expert testified that the amount of alcohol drank by A.D. could not have   resulted in a .10 alcohol level at the time that he was driving. The expert   testified that there are a number of factors which can affect the accuracy of   the breath test, and that A.D.'s alcohol level could well have been below .10 at   the time he was actually driving his vehicle.

jury returns not guilty verdict

After approximately four days   of trial, the jury returned a verdict of "NOT GUILTY" on the DWI charge. The jury   also returned a "NOT GUILTY" verdict on the lesser included offense of reckless   driving. The jury did find A.D. guilty of the lesser included traffic infraction   of careless driving, for which A.D. received a $100.00 fine and no adverse   license action.