mistaken identity!  not guilty of drunk driving!

Summary:  Mechanic with .201 falsely charged with operating while intoxicated in Anchorage, Alaska; Attorney Fred Slone obtained a not guilty verdict for his client by proving his client was innocent by mistaken identity.

This was a second DWI case in which Attorney Fred Slone represented L. C., the first ended in a not guilty verdict at trial three years earlier.

anchorage vs. l. c., district court, anchorage, alaska

parking vehicle calls attention

Police officers arrived at the home of L. C.'s parents, where he was   house sitting. Officers observed a Jeep and a van parked in an unusual fashion   next to the road. The van appeared to be stuck in the snow. The Jeep was   running, but parked in front of the van. L. c. told the officers that he was   going to pull out the van. The officers noted that L. c. appeared to be intoxicated and L. c. was told that he should not drive.

L. c. then walked   to the Jeep and drove it into the driveway where he parked it. The officer   advised L. c. again that he should not be driving.

police sergeant orders arrest

Approximately 45   minutes later one of the officers drove by the residence again and noticed that   the Jeep was moving again. The officer noted that L. c. was driving the Jeep. The   officer radioed her supervising sergeant who indicated that L. c. should be   arrested. Six officers then proceeded to the house.

breath tests shows .201

Police knocked on the door and   contacted L. c.'s girlfriend. L. c. eventually came to the door, at which time he   was arrested. L. c. was taken to the police station where a breath test was   administered with a .201 result.

beard used by police to identify person to arrest

At trial, several of the officers   testified. At least two police officers testified that they saw L. c. driving the Jeep the   second time they had come around, after he had been told not to drive. They   testified that they recognized it was him in the vehicle since he had a dark   beard.

falsely identified person may have been drunk

Both L. c. and his girlfriend testified that it was not in fact   L. c. that was driving the Jeep the second time the officers came by. In fact, it   was L. c.'s girlfriend that was driving. At the time she was wearing a dark hat   and face mask and was clearing the driveway with the Jeep. L. c. had been driving   earlier, but he and his girlfriend both testified that he had a large drink   between the time that he was driving the first time and the time the officers   arrived and arrested him.

jury finds attorney fred slone's client not guilty

After three days of trial, the jury returned a   verdict of "NOT GUILTY" on the driving while intoxicated charge. If he had been   convicted of the DWI, L. c., a mechanic, would have faced a minimum jail term of   60 days.