Fairbanks Uncertified Breath Test Machine Results DUI Dismissed
uncertified breath machine results dismissed
Summary: An uncertified breath test machine and test administered by an uncertified person results in evidence beings suppressed, but Fairbanks District Attorney refuses to dismiss DUI case until he faces a preliminary trial at which Attorney Fred Slone might prevail.
Drunk driving can be referred to by several acronyms: DUI DWI OWI OUI.
state of alaska vs. A. S.
district court, fairbanks alaska
open intoxicants found after police stop for speeding
On a July afternoon, E. V. was driving northbound on the Parks Highway toward Fairbanks. He was stopped near McKinley Park for driving 68 in a 55 mile zone. Both open and full bottles of beer were found on the passenger floorboard.
probably cause for police stop leads to alcohol tests
The trooper noticed signs of intoxication, and administered field "sobriety" tests which were allegedly failed. Two preliminary breath tests were administered at the scene of the stop. The first registered a .254, and the second, approximately 25 minutes later, registered a .200.
sobriety tests evidence intoxication for arrest
E. V. was arrested and taken to the McKinley Park nurse's office for a breath test. The breath test registered a .169 and, 55 minutes later, a .146. E. V. was then transported to jail in Fairbanks and charged with driving while intoxicated.
slone investigates drunk driving arrest
E. V. hired Attorney Fred Slone, who obtained copies of an audio and video recording made at the scene of the arrest, as well as printouts and information related to the breath test that was administered by the nurse at McKinley Park.
slone seeks to suppress tests from dui arrest
Attorney Fred Slone filed a pretrial motion to suppress the breath test evidence on the grounds that the breath test was not administered on a machine that was certified for use by the Department Of Public Safety, and on the further grounds that the nurse who conducted the test, although having received training in operating the machine, had not been certified as an operator by the Department Of Public Safety.
slone says police lacked probably cause for arrest
Attorney Fred Slone also filed a motion to dismiss all evidence obtained after E. V. was stopped on the grounds that there was no probable cause to initiate field sobriety testing and no probable cause for the arrest.
district attorney agrees to exclude sobriety tests
After reviewing Attorney Fred Slone's pretrial motions, the District Attorney agreed that the breath test evidence should be excluded from trial.
but refuses to dismiss dui charges
The District Attorney, however, initially filed an opposition to Attorney Fred Slone's motion to suppress all other evidence obtained after the stop. Since the District Attorney would not voluntary dismiss the case, Attorney Fred Slone had the matter set on for a pretrial evidentiary hearing in Fairbanks District Court.
On the morning of the hearing, as Attorney Fred Slone was boarding a plane in Anchorage to travel to Fairbanks, the District Attorney finally called Attorney Fred Slone's office and indicated that the State would agree to dismiss the case.
Thus, the case was dismissed in its entirety without the need of any court hearings. As E. V. had a prior DWI conviction within the last 10 years, he faced a minimum sentence of 20 days in jail if convicted.