dismissed drug possession - acquitted dwi

Background: K. M. was driving back to Anchorage after a long weekend fishing trip on the   Kenai Peninsula. As he came into Anchorage he was approaching a "T"   intersection, in which he had a stop sign traveling north, while the east-west   traffic was a thoroughfare. He apparently fell asleep as he was approaching the   intersection, failed to stop at the stop sign, and narrowly missed striking a   northbound vehicle with two occupants. His Jeep went across the thoroughfare,   crashing into a ditch with large boulders on the other side.

state of alaska vs. K. m., district court, anchorage

state police troopers administer sobriety tests

Troopers came to the scene, administered some field "sobriety" tests, which K. m.   allegedly failed and arrested him for driving while intoxicated. He was taken to   a police station and a breath test was administered with a .18 result. A   videotape was also made of K. m. at the police station, including the sequence   when the breath test was administered.

possession of marijuana charged

After K. m. was taken into custody, during   an inventory search some marijuana was found in a container in his pocket. K. m.   was charged with DWI and possession of marijuana while driving.

slone wins motion to suppress evidence

Attorney Fred Slone filed a pretrial motion to suppress the marijuana evidence on the   grounds that it was obtained by an illegal search in violation of K. m.'s   constitutional rights. That motion was granted.

slone impeaches state police testimony

At trial, the witnesses   in the vehicle which was almost struck by K. m. testified, as did the trooper who   arrested K. m. However, at trial the State failed to produce a copy of the video   recording which was made at the station. Additionally, Attorney Slone was able to   successfully impeach much of the trooper's testimony at trial with prior   inconsistent testimony he had given at a pretrial hearing.

possession of marijuana charge dismissed

The court had   already dismissed the marijuana possession charge.

not guilty drunk driving & reckless driving

Despite the .18 breath test   reading, and the State's witnesses testifying that K. m. was visibly intoxicated,   the jury returned a "NOT GUILTY" verdict on the DWI charge. The jury also   returned a "NOT GUILTY" verdict on the lesser included offense of reckless   driving.

The jury returned a guilty verdict on the lesser included traffic   infraction of negligent driving, for which K. m. received a $300.00 fine, but no   adverse license action and no jail time.