The News Miner
FAIRBANKS — A Fairbanks assistant district attorney who twice drove under the influence of prescription drugs was sentenced to eight days in jail Tuesday.
David A. Carlson, 43, pleaded guilty to driving under the influence, reckless driving and two counts of fourth-degree assault as part of a plea agreement. Prosecutors reduced one count of driving under the influence and a felony count of third-degree assault in exchange for the plea.
Superior Court Judge Michael McConahy also sentenced Carlson to three years of probation and several months of suspended time, as well as a mandatory $1,500 fine for the DUI conviction.
Carlson was first arrested on Feb. 15 after getting his Dodge pickup truck stuck in a ditch on McGrath Road while trying to drive around a parked state trooper car.
Juneau Assistant Attorney General David Brower, who prosecuted the case because of Carlson’s ties to the Fairbanks legal community, said that charges were not immediately filed in that case because prosecutors were waiting for the results of a blood test.
However, two DUI charges were filed against Carlson when witnesses said Carlson ran a red light on the Johansen Expressway and collided with a car turning onto the expressway five days after his first arrest.
Carlson was reportedly under the influence of Lorazapam, an anti-anxiety drug, at the time of both his arrests. Carlson had previously been given a warning in late January not drive under the influence of Lorazapam after passing sobriety tests during a traffic stop, Brower said.
A first time DUI offender typically receives a sentence of 30 days in jail with 27 days suspended. Carlson was sentenced to 55 days in jail with 50 days suspended on the DUI charge.
He was not charged for the first case which could have prevented the second incident which resulted in someone being injured. They dropped the assault charge? Anyone else would have been charged in the first case and then gotten several months for the second offense and probably more for the assault, unless their name was Palin. This case could have easily resulted in a death. There were actually three stops and it appears he was let go and allowed to drive again twice. Was there a special meeting with higher ups and a decision was made not to prosecute in the first two incidents? I guess you did not want to have him arrested on false charges or torture him with the dysfunctional justice system because he is one of you.
Why are attorneys that work for the state of Alaska so damn special? Why are drunken public defenders allowed to practice law harming the outcome of the cases for their clients and why don’t judges or Quinlan Steiner listen when defendants complain about them? It is amazing to me after the department of law went after me and charged me with completely false crimes maliciously that this could happen. This is further evidence of the two tier justice system in Alaska. The reasons they went after me were political, especially on the local level and personal on the level of ADA Earthman. I am disgusted with what goes on with the department of law, the public defender agency, the juvenile justice system, and all those who have been given special dispensation in this state because they belong to a category that considers themselves better than everyone else. Now, if he was a native guy the court would not have shown so much mercy and he would have gotten a public pretender.
These sections of the constitution of the state of Alaska were all violated in my case. Is the constitution only for the special elite or is it for everyone?
From the Alaska state constitution:
Section 1.1 - Inherent Rights.
This constitution is dedicated to the principles that all persons have a natural right to life, liberty, the pursuit of happiness, and the enjoyment of the rewards of their own industry; that all persons are equal and entitled to equal rights, opportunities, and protection under the law; and that all persons have corresponding obligations to the people and to the State.
Section 1.7 - Due Process.
No person shall be deprived of life, liberty, or property, without due process of law. The right of all persons to fair and just treatment in the course of legislative and executive investigations shall not be infringed.
Section 1.11 - Rights of Accused.
In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury of twelve, except that the legislature may provide for a jury of not more than twelve nor less than six in courts not of record. The accused is entitled to be informed of the nature and cause of the accusation; to be released on bail, except for capital offenses when the proof is evident or the presumption great; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Section 1.13 - Habeas Corpus.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or actual or imminent invasion, the public safety requires it.
Section 1.12 - Criminal Administration.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Criminal administration shall be based upon the following: the need for protecting the public, community condemnation of the offender, the rights of victims of crimes, restitution from the offender, and the principle of reformation.
Section 1.14 - Searches and Seizures.
The right of the people to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures, shall not be violated. No warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Justice in Alaska, what a disgustingly sick joke. No, Sarah Palin did not create the problem, she just exploits the system of special favors that is already in place. Since everyone is watching everything that happens with her or her family it gets noticed. Someone better check to see if she has some kind of life insurance policy the tax payers will have to foot the bill for.