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MUNICIPALITY OF ANCHORAGE v. FLACK

No. A-441.

685 P.2d 108 (1984)

MUNICIPALITY OF ANCHORAGE, Petitioner, v. Theodore W. FLACK, Respondent.

Court of Appeals of Alaska.

August 10, 1984.

Attorney(s) appearing for the Case

James F. Wolf, Asst. Mun. Prosecutor, Allen M. Bailey, Mun. Prosecutor, and Jerry Wertzbaugher, Mun. Atty., for petitioner.

Sen K. Tan, Assistant Public Defender, and Dana Fabe, Public Defender, Anchorage, for respondent.

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

OPINION

SINGLETON, Judge.

Theodore W. Flack was arrested on January 21, 1984, for driving while intoxicated. He was transported to the Anchorage Police Department where an intoximeter test of his breath was taken. No breath sample was preserved because the perchlorate tubes used for that purpose were not available. Flack was not offered an independent blood test. Flack made a motion to suppress the results of the intoximeter test which was granted. The municipality...

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