BARCOTT v. DEPT. OF PUBLIC SAFETY

No. S-1692.

741 P.2d 226 (1987)

Joseph N. BARCOTT, Appellant, v. STATE OF ALASKA, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, Appellee.

Supreme Court of Alaska.

Rehearing Granted and Opinion Amended September 11, 1987.


Attorney(s) appearing for the Case

Joseph N. Barcott, in pro. per., Anchorage, for appellant.

Teresa Williams, Asst. Atty. Gen., Ronald W. Lorenson, Acting Atty. Gen., Anchorage, for appellee.

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


OPINION

COMPTON, Justice.

Barcott appeals from a Department of Public Safety ("department") decision to suspend his driver's license. The department's decision was based on an Intoximeter 3000 breath test administered to Barcott shortly after his arrest for driving while intoxicated. The test indicated a .10 alcohol level. Barcott asserts that the administrative hearing officer denied him due process of law by refusing to consider evidence of the intoximeter...

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