Not Guilty Drunk Driving By Necessity
Not driving - not drunk - not guilty
Summary: A mechanic was arrested for OUI. A breath alcohol test after showed a .152 result.
This was the first in a series of three different DWI cases (arising in 1991, 1994, and 1997) in which Mr. Slone represented the same client, L. C.
anchorage vs. l. c., district court anchorage, alaska
passed out behind wheel with .152 breath test & 2 prior dui's
On an early December morning a police officer found L. c. "passed out" over the steering wheel of his pickup that was stuck in the snow on a fairly deserted road in south Anchorage. Field tests were administered and allegedly failed, after which L. C. was arrested and taken to a substation. A breath test was administered with a .152 breath alcohol level. At the time of his arrest, L. c., a mechanic, had at least 2 prior DWI convictions. Thus, if convicted in this case, he faced a minimum mandatory jail term of at least 60 days, and a 10 year license revocation.
police testify unconscious driver intoxicated
At trial, the officers who arrived at the scene testified that L. c. was intoxicated, and the breath test result of .154 was admitted into evidence.
driver prevents freezing to death - gets oui
L. c. testified that he had been returning from a ski trip at Alaska Ski Resort. His ski equipment was still in his truck at the time of his arrest. He testified that while he had drank alcohol, a friend of his had been driving him home. L. c. testified that his friend got stuck in a snow bank on the road. After they were unable to extricate the vehicle, his friend hiked off to try to get help. It was an extremely cold and windy evening. In order to stay warm, L. c. testified that he moved over into the driver's seat to turn on the car and the heater, and fell asleep.
jury charged to accept necessity defense
At the request of Attorney Slone, the judge instructed the jury that they could consider the defense of necessity. The defense applied if, under all the circumstances, L. c. reasonably believed that his act of operating the vehicle was done to avoid an even greater risk of harm to himself (freezing) or his property, and there was no available alternative.
jury returns not guilty verdict
The jury returned a verdict of "NOT GUILTY". In this case L. c. avoided a minimum jail sentence of at least 60 days and a 10 year loss of his license.