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McCRACKEN v. STATE

No. A-214.

685 P.2d 1275 (1984)

Tracy S. McCRACKEN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

August 31, 1984.

Attorney(s) appearing for the Case

John M. Murtagh, Anchorage, for appellant.

Michael S. McLaughlin, Asst. Atty. Gen., Anchorage, James L. Hanley, Asst. Dist. Atty., and Thomas M. Wardell, Dist. Atty., Kenai, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

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

OPINION

COATS, Judge.

On May 25, 1983, Tracy S. McCracken was arrested for driving while intoxicated, AS 28.35.030, and refusal to submit to a breathalyzer test, AS 28.35.032(a). The DWI charge was subsequently dismissed. McCracken pled no contest to the refusal charge, reserving the right to appeal the rejection of his constitutional challenges to the statute. See Oveson v. Anchorage, 574 P.2d 801, 803 (Alaska 1978...

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