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: A Public Defender's Life in Alaska

So, I just got back from Homer. I was doing a felony DUI trial. I won the DUI count but lost on the refusal count. In Alaska the police cannot force you to give your breath or blood like they can in California. But the refusal is a seperate crime and, if convicted of both, the refusal carries a consecutive sentence. I feel bad for my client who only refused because of mental health problems. But it was nice to beat the DUI charge when the cop was so adamant she was DUI. As I told the jury "I'm not here to defend the idea of driving under the influence but it doesn't do anyone any good to convict my client when the State has failed to meet their burden of proof beyond a reasonable doubt". It was nice to stay in Homer as I am still of the opinion that it is one of the most beautiful places in all of Alaska. As usual pictures do no justice. I am really looking forward to exploring Katchemak Bay this summer in the (now hopefully working without a problem) boat. Not much else to report. Mt. Redoubt has not gone off and it is back to being cold. I think February is the month when people start consuming a lot of booze and hitting each other. I, for one, am getting tired of -20. 3 more months until summer!

Full post as published by A Public Defender's Life in Alaska on February 05, 2009 (boomark / email).