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MUNICIPALITY OF ANCHORAGE v. MARRS

No. A-352.

694 P.2d 1163 (1985)

MUNICIPALITY OF ANCHORAGE, Petitioner, v. Patrick M. MARRS, Respondent.

Court of Appeals of Alaska.

February 8, 1985.

Attorney(s) appearing for the Case

Shelley K. Owens, Asst. Municipal Prosecutor, Allen M. Bailey, Municipal Prosecutor, and Jerry Wertzbaugher, Municipal Atty., Anchorage, for petitioner.

Carl E. Forsberg, Birch, Horton, Bittner, Pestinger & Anderson, Anchorage, for respondent.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

SINGLETON, Judge.

Patrick M. Marrs was charged with driving while intoxicated. AMC 09.28.020(A). The trial court suppressed the evidence of the results of his breathalyzer test on the assumption that the police had denied Marrs' rights guaranteed him by AS 12.25.150(b) and Criminal Rule 5(b). See, e.g., Copelin v. State, 659 P.2d 1206 (Alaska 1983) (holding that the statute and the rule give a person suspected...

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