Fighting A DUI Charge in Alaska
Reader’s Question:
I have a DUI charge here in Anchorage, Alaska and I am finding reasons to fight my case because I think that it’s gonna be over if I just plead guilty. Will I have any legal and emotional reasons to fight my case?
Elise
Anchorage, AK
Of course you do, you definitely have legal and emotional reasons to fight your DUI case in Alaska. One aspect of your DUI case that you and your DUI lawyer would have to look into is the DUI traffic stop. The prosecution has to prove that the DUI stop was legal in the first place. The DUI lawyer could also have an independent testing of the blood sample that was drawn when you were arrested. The blood sample could also probably be clotted or fermented that produced a false high blood alcohol content (BAC) reading.
The emotional reasons to fight your DUI case could also be significant. Just like any boxer would tell you, it would be better to go down swinging that to back down from the fight. Shrinking from the battle, be it may in the courtroom or elsewhere in life, could bring emotional wounds that are far more hurtful than anything the judge could for you. Sometimes, it would be important to fight, just so you know you have done everything in your power to help the situation. Not to fight your DUI case would carry emotional baggage for a lifetime.
DWI Arrest in Alaska?
Reader’s Question:
My sister was charged with DWI here in Alaska and she told me that the officer never read the Miranda Rights to her. If this is the case, could her DWI case be thrown out?
Jake
Anchorage, AK
In most instances, no, the DWI case of your sister in Anchorage, Alaska could not be thrown out if she was never read her Miranda Rights. The Miranda rights should only be told if she was already under arrest. Any incriminating statements she made while being interrogated prior to being placed under arrest for DWI are admissible in court. But if the police officer asked her questions after she was arrested but before she was advised of her Miranda Rights, any statement she made then would be suppressed at the DWI trial. If the prosecution’s DWI case rests solely on this suppressed statement, then your sister’s DWI case would most likely be dismissed. But in most instances, the prosecution relies on evidence other than the incriminating statement.
Sometimes, it would be difficult to know when a person is under arrest. Under Alaska law, if a reasonable person would believe he/she was under arrest, then an arrest has occurred. But a judge would ultimately make this determination and your sister should tell her DWI lawyer of all the facts surrounding her DWI case so that it could assist the DWI lawyer on advising your sister.