Felony DUI nets man time

July 4, 2006

BY MARY AMES/Frontiersman

A Palmer man convicted of driving under the influence in March was sentenced in Palmer Superior Court on

June 23.

Allen Gregory Lau, 52, was convicted of felony DUI, felony refusal to submit to a chemical test, driving with a canceled, suspended or revoked license and sixth-degree misconduct involving a controlled substance, stemming from a traffic stop by Palmer police in July 2005.

Suzanne Powell, assistant district attorney, asked the court for a sentence of 24 months, with 20 months

suspended on the DUI and refusal charges, two months for driving with a suspended license and a $500 fine for the drug charge. Powell also asked for a significant time on probation, citing a notice from Alaska Monitoring Services that Lau hadn't complied with his conditions of release.

She also noted Lau's high level of hostility and an aggressive posture toward the arresting officer.

&#8220He refused (to take the breath test) because he kind of knows how the system works,” Powell said. &#8220As far as rehabilitation, he's apparently in denial about his alcohol and drug use.”

Lisa Valenta, Lau's public defender, requested less time, painting a picture of a different man. Lau should have a &#8220greatly truncated” period of probation, Valenta said, and he should be sentenced to 120 days each for the DUI and refusal and 10 days for the license violation. Lau was just barely within the 10-year limit for a felony DUI, she said.

&#8220It was only a few days away from being a misdemeanor,” Valenta said.

&#8220He is a productive actor who was on the History Channel in May, and he's working on another film.”

To be convicted of felony DUI in Alaska, a person must have two prior convictions for DUI or DWI within the previous 10 years.

Valenta explained Lau's alleged aggression toward the arresting officer by saying he is a Vietnam veteran, and being in handcuffs brought back his training of exercising passive resistance if captured.

Lau told Judge Eric Smith that he refused the bartender's offer of one more beer that morning, and thought he was being responsible by spending an hour drinking two coffees before he left the bar to drive home.

Smith reminded Lau that, during the trial, Smith had listened to a tape of Lau.

&#8220I heard a man who was quite drunk,” Smith said. &#8220It was his first DUI in quite a while, but Mr. Lau has to think hard about what is going on.”

Smith sentenced Lau to 24 months, with 20 months suspended for the felony DUI, four months for the felony refusal, 20 days with 10 suspended for the license violations and no time for the marijuana Lau had in his pocket. Smith also handed Lau three years of probation.

&#8220Good luck, Mr. Lau.” Smith said. &#8220I don't expect to see you back here again.”

Alaska court records show Lau had an Anchorage assault conviction in 1994, and Anchorage DWI convictions in 1995 and 1996.

Contact Mary Ames at

352-2284 or mary.ames@

frontiersman.com.