drinking & accident not dui

Background: J. P. was hosting a social gathering at this house to celebrate his recent   promotion in the military. At one point J.P. was giving a guest a ride on his   motorcycle. The motorcycle went off the pavement on a winding portion of the   highway and ended up in a swampy area. The passenger suffered a broken arm and   both had numerous scratches, abrasions, and bruises.

state of alaska vs. j.p., district court

motorcycle accident

After the accident, J.P. and his passenger walked to a nearby home. The owner   believed that they were both intoxicated and called police.

police administer sobriety tests after accident

Police arrived and gave J.P. a horizontal gaze nystagmus test, which he allegedly   failed. No other physical field sobriety tests were administered. A preliminary   breath test was administered at the scene with a .144 result.

police arrest suspect for dwi & reckless endangerment

J.P. was arrested   and taken to a police station where an Intoximeter 3000 breath test was   administered with a .121 result. J.P. was charged with both driving while   intoxicated and reckless endangerment.

defense creates necessary evidence

Numerous photos were taken by the   defense of the area where the accident occurred, showing the nature of the road.

drinking, but not intoxicated

At trial, J.P. testified that while he had been drinking beer, he was not   intoxicated, and that the accident occurred when they hit loose gravel on the   side of the pavement.

defense witnesses testify suspect not drunk

After interviewing several of the guests at the   social gathering, Attorney Fred Slone called some of them as witnesses. They testified   that while J.P. had been drinking beer, there was no indication that he was   intoxicated. The passenger on the motorcycle also testified that he had no   belief that J.P. was intoxicated.

jury says not guilty of drunk driving

Despite the .121 breath test result,   the jury returned a verdict of "NOT GUILTY" on the driving while intoxicated   charge and a verdict of "NOT GUILTY" on the reckless endangerment charge. The   jury returned a guilty verdict on the lesser included traffic infraction of   negligent driving, for which a $300.00 fine was imposed and no adverse license   action.