Former Alaska Department of Fish & Game commissioner Denby Lloyd, 56, arrested for drunken driving in August 2010, pleaded guilty in Juneau Superior Court on Wednesday to driving under the influence as part of an agreement reached by his attorney Louis Menendez and the City and Borough of Juneau.
A second charge of reckless endangerment was dismissed as part of the deal. That charge stemmed from his wife being a passenger in the vehicle.
Judge Larry Card accepted the agreement and sentenced Lloyd to the mandatory minimum of 33 days, with 30 suspended and three to serve at Lemon Creek Correctional Center.
“Mr. Lloyd will report to jail this evening by 8 o’clock,” Menendez said in court. “As is his request.”
Lloyd was also fined $3,000 with $1,500 suspended. The remainder is due by June 2012.
Conditions of the sentence were for Lloyd to attend and comply with the Juneau Alcohol Safety Action Program, which he already has done.
A 90-day license suspension was also imposed, which is to be followed by six months of required use of an interlock device for his vehicle. Lloyd will also have 18 months of unsupervised probation and must pay additional court and incarceration costs of $234, and a surcharge of $75. Lloyd is already eligible to retain his license. His costs in purchasing the interlock device will be credited toward the payment of his fine.
“Mr. Lloyd has no prior convictions,” City Attorney Robyn Carlisle said. “This is a self-correcting sentence, we will never see Mr. Lloyd in error in court again.”
Lloyd had no statement for the court.
“We are all humans,” Card said to Lloyd. “I appreciate the fact that you are here and I am satisfied you will never see a court again.”
An evidentiary hearing was held before Juneau Superior Court Judge Patricia Collins, now retired, on April 19 to determine if probable cause existed for Juneau Police Department Officer Thomas Penrose to pull Lloyd’s vehicle over on Aug. 8, 2010 for a traffic violation and whether that stop and ensuing field sobriety tests were enough justification to arrest Lloyd for driving under the influence of alcohol.
Court documents state that on Aug. 8, 2010 at 12:40 a.m., Penrose observed Lloyd’s vehicle signaling for what would have been an illegal left turn. That turn was not attempted, but Penrose followed the vehicle and noted expired tags but no other improper driving. The vehicle stopped in front of the Baranof Hotel and Penrose activated police lights and approached the vehicle.
Collins ruled on May 2 that while Penrose made multiple errors in his report and the administration of the field sobriety tests, the final question for the court is whether, objectively viewed, there was probable cause to arrest Lloyd given the totality of circumstances at the conclusion of those tests. She ruled that probable cause did exist,
Collins noted that Lloyd’s breath alcohol test result was 0.143 percent. A person is presumed intoxicated at a blood alcohol level of 0.08 percent.
• Contact reporter Klas Stolpe at 523-2263 or at firstname.lastname@example.org.