Fairbanks attorney loses job after DUI incident
by Chris Freiberg / cfreiberg@newsminer.com
May 06, 2010 | 7680 views | 32 32 comments | 17 17 recommendations | email to a friend | print
FAIRBANKS — A local lawyer convicted last month of driving under the influence has lost his job with the Fairbanks District Attorney’s Office.

District Attorney Mike Gray made the announcement Wednesday that David Carlson, who had been with the office for about 2 1/2 years, is no longer employed there. Carlson had been on indefinite leave without pay since his initial arrest in February.

“Due to the circumstances of Mr. Carlson’s two recent convictions for prescription drug DUIs, the decision was made that he could no longer be an effective prosecutor in the Fairbanks District Attorney’s Office,” Gray stated in an e-mail.

Carlson, 43, pleaded guilty last month to driving under the influence, reckless driving and two counts of fourth-degree assault in connection with two February incidents. All of the charges are misdemeanors.

He served eight days in jail and was placed on probation for three years.

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 Alaska State Trooper car.

He was arrested again five days later when witnesses said Carlson ran a red light on the Johansen Expressway and collided with a car turning onto the expressway. Both of the occupants of the other car reported minor injuries.

Carlson was reportedly under the influence of Lorazepam, an anti-anxiety drug, at the time of both his arrests.

At last month’s sentencing hearing, Carlson apologized for the embarrassment he had caused his family and the District Attorney’s Office.

Gray said that if Carlson had stayed on as a prosecutor, it could have hindered the office’s ability to prosecute DUI cases. Carlson was responsible for prosecuting many such cases as an assistant district attorney.

“Mr. Carlson understood that situation and agreed that it was necessary that his employment at the District Attorney’s Office be terminated,” Gray said. “Mr. Carlson was a valued colleague and friend, and we wish him all the best in his future endeavors.”

Contact staff writer Chris Freiberg at 459-7545.
Comments
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Kamen
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May 07, 2010
I use worse then "scum" to describe people like Mr. Carlson, regardless of online or in person. I have zero tolerance for people who drive under the influence.

Get woken up at 3 AM by your best friend who just got back from the morgue identifying her little sister who got killed by an impaired driver and you'd feel the same way.

It is pure luck Mr. Carlson didn't kill someone. And he didn't care at all. I've scraped better then him off my shoe.
akbob
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May 06, 2010
I just wish Washington DC followed our lead here. Once upon a time we It used to follow Washington's lead. Times...They are a changing..

To Dave Carlson: There are a lot of junkies & drunks out there. There a also a lot of recovering alcoholic & addicts out there too..

Any time you're sick & tired of being sick & tired check it out.
oldskool
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May 06, 2010
Three words:

WHAT A FOOL.
Thayer
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May 06, 2010
Kamen, I am absolutely positive that you would not choose to use words like "scum" if you had to use your real name.
Yota99714
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May 06, 2010
Robert, the guy had 2 priors; how much more slack did him employer need to give him?

x3 41yrs, I agree.

We might see him run for office. >coffcoff<

Good luck Mr. Carlson, truly.
Kamen
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May 06, 2010
The comments in support of this guy are amazing. We should feel bad that he lost his job? He knew it was a possibility when he decided to play russian roulette with his car after taking his pills, and he didn't feel bad about it.

That his children will read this, we should cut him slack? Sorry, their father is a loser. Yes, a giant loser who didn't care that he could (and almost did) kill someone by driving impaired.

This is a person who knew better, who knew the affects of his pills on his driving and consciously made the decision the drive. He knew because he got arrested for it 5 days earlier. He didn't care so society should be expected to?

He doesn't need good friends because he showed he doesn't deserve them. What he needs is a prolonged stint in jail so he can be punished for placing the lives of everyone else on the road in jeopardy.

Whether he has family or not is meaningless, it meant nothing to him when he got behind the wheel. When we finally stop coddling these people then maybe we can put a dent in the number of DUI cases.

This man is scum and the whole world knows it.
grace3
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May 06, 2010
Alaskaman100,

And same to you as I wrote below. He needs good friends who will support him, but also recognize that he has make permanent changes so that this ends up being the worst part of his life, not just the beginning of the worst.

grace3
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May 06, 2010
41years,

What a kind comment. Recognize that most of the people we see in trouble have more to their lives than the part that brought them down.

41yrsinFbx
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May 06, 2010
Good luck to Mr. Carlson, may your job change help with the stress and help you work through your depression. Its tough learning lesson but the DA's office was correct, you can't do the job when you are exhibiting the same kind of jailable issues.

Sometimes the worst has to happen so we can get back on track, let this make you stronger. BUT, by all means when you are on your meds, use a DD or taxi please.

Alaskaman100
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May 06, 2010
I know Dave. Like most people with the problems Dave has, Dave has two sides. He can be a trusted collegue and friend. He can also be the guy who repeatedly took too much Lorazapam, ignored warnings and interventions by friends, and drove his truck on the roadways of our community.

Dave has a lot of personal growth and rehabilitation to go through. If he worked in a different office, they maybe could have accomidated him during this period. But not as a DA. Not as someone who has to stand in front of a jury of Fairbanksans and argue why someone with a relatively low BAC is still too impaired to drive. His history would be an issue and a distraction to every one of those cases.

To all who just want to rant and take a dump on this guy through this forum, remember he has teenaged kids who probably will read these comments. He has been a member of this community for over 40 years. Take a moment and think about that before you spew hate and bile here.

Good luck Dave, and when looking at these comments, remember your serenity prayer.
robert12345
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May 06, 2010
Gray said. “Mr. Carlson was a valued colleague and friend, and we wish him all the best in his future endeavors.”

He couldn't have been much of a valued colleague and friend, if they didn't even offer him the chance of rehabilitation and then his job back. What DA's, Judges, police and others are expected to not make mistakes? He was crying out for help and got none. This is the usual treatment for the Golden Heart City. They use you, abuse you, accuse you and bemuse you, then throw you out the back door. Nice to see they haven't changed.
Flatus
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May 06, 2010
Recently while reading the Newsminer, I noticed the sentencing for a DUI now includes a two year period of abstinence--no purchase, possession or consumption of alcohol. The court system keeps making the penalties stronger and stronger. I've never had a DUI, but I doubt I could go two whole years without consumption of alcohol, and I wonder how many people who receive this sentence can. You get tangled up in the legal system in this country, and they make it so you can't get untangled. You get busted for the DUI, and then later you get busted for possession, and so on. If you can't get untangled, you can't stop being a profit center. This guy made a terrible mistake. I doubt he'll ever get clear of it. How does it feel, Mr. Lawyer, to be the entangled and not the entangler?
mullinsme
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May 06, 2010
At least the Fairbanks District Attorney's Office has ethics. I can't say as much about the state court system.

One of the judges in Anchorage got picked up for DUI. He did get some special housing, was restricted to civil cases while awaiting trial, and given a strong chewing out by the Supreme Court. But he is still a judge.
therecalcitrant
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May 06, 2010
Some of the comments this morning appear overly harsh. Carlson isn't a criminal - he's an ordinary man who made a couple of serious thinking errors, and as a result, he is paying a hefty price that will affect his entire life. He doesn't deserve to be jailed any longer than he has been, and he doesn't deserve the public flogging he's getting by the peanut gallery here today. I don't know the man, but I know people like him - professionals who believe that they can hold it all together, and who can't admit that they might need help getting home some days...

Carlson was taking an anti-anxiety medication - we don't know what caused his anxiety or depression, and whether it was job-related or something going on in his personal life, and it's not our business to know. He's obviously under the care of a physician or psychiatrist, so he must have realized he needed help of some kind.

Yes, the medication does carry a warning about operating a motor vehicle. His "crime", and the reason he lost his job was that he failed to exercise good judgement in taking the wheel after he had taken the prescribed drug. Again, we don't know the details leading up to his making that decision.

Yes, we are all thankful that no one was killed by this man exercising poor judgement, but as we go through our respective days, I think that we are exposed to all manner of drivers using judgement-impairing OTC drugs, illicit drugs, mildly impairing prescription drugs, and alcohol. I shudder to think about how many drivers are impaired not by drugs or alcohol, but by the distractions of cell phones, in-car televisions, out-of-control children, and the lunch they're trying to eat while driving.

There are the drivers who can't control their rage as they are forced to slow down behind slower drivers - making them extremely dangerous - they're loose cannons on wheels, impaired by their own state of mind.

There are drivers who don't really know or understand the rules of the road - generations of kids were unleashed on the highways when Drivers' Education was eliminated from the schools.

And there are elderly drivers for whom driving has become a confusing blur, and who should have given up their keys years ago. I wonder if the commenters below would insist on Grandpa being jailed for exercising poor judgement?

grace3
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May 06, 2010
For what it's worth.... Sometimes people are in professions where even a relatively low level criminal offense causes them to lose their job, when the same conduct might not cause that same result for another person.

I'm thinking of some military people, or someone who works in a bank and commits a crime of dishonesty, for example.

This prosecutor should have lost his job, but we should at least realize that this is a penalty on top of the other consequences that another person with exactly the same two DUIs would not have faces.

All I'm saying is that for those who think he got off easy, think again. Jail time is only one consequence for criminal behavior; sometimes the collateral consequences are much worse. I suspect he would have gladly served several months in jail if it meant he could keep his job.

At the same time, a judge in Anchorage did not lose his job after a DUI. Go figure!
june69
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May 06, 2010
Thayer- not a chance, the snow has melted and I see lots of rocks.

This guy would have got away with the first one completely had he not been such a numbskull that he turned around and did the same thing. So he was on painkillers, so what? That doesnt make his car weigh less when he does the long blink trying to clear his blurry eyes to open them when his car does a jolt from hittin someone. And he is a hypocrite to boot! Sitting in a position to pass judgement on these things and he is out doing the exact same crime? he knew when he got hired that he could get fired for this, I am glad that they did it. Little long to get to the right answer but no one wants to get sued so they wait until the dust settles and then fire him.

Rockee- I dont want to seem like a downer so, have a nice day :)
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