ZSUPNIK v. STATE

No. S-3360.

789 P.2d 357 (1990)

Nani ZSUPNIK, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

April 6, 1990.


Attorney(s) appearing for the Case

William Bixby, Law Offices of William Bixby, Valdez, for petitioner.

Robert D. Bacon, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for respondent.

Before MATTHEWS, C.J., and RABINOWITZ, BURKE, COMPTON and MOORE, JJ.


OPINION

COMPTON, Justice.

This is a review of the decision of the court of appeals in Zsupnik v. State, 772 P.2d 1098 (Alaska App. 1989). It presents the issue of whether breath test evidence taken from a person arrested for DWI should be excluded when that person has been denied a request to contact a relative with the intent to obtain legal representation before administration of the breath test.

I. FACTUAL...

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