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BEST v. MUNICIPALITY OF ANCHORAGE

No. A-1801.

749 P.2d 375 (1988)

Paul H. BEST, Charles Boardman, James Williams, Everett Hewitt, Michael Hummel, Boyd Pangborn, Andrina Ramones, and Kevin Burlile, Appellants, v. MUNICIPALITY OF ANCHORAGE, Appellee.

Court of Appeals of Alaska.

January 29, 1988.

Attorney(s) appearing for the Case

Nancy J. Nolan, Asst. Public Defender, and Dana Fabe, Public Defender, Anchorage, for appellants.

John E. McConnaughy, III, Asst. Mun. Prosecutor, Jerry Wertzbaugher, Mun. Atty., Anchorage, for appellee.

Before BRYNER, C.J., SINGLETON, J., and GONZALEZ, Superior Court Judge.

OPINION

SINGLETON, Judge.

Paul H. Best and the other appellants were arrested for driving while intoxicated (DWI), AMC 9.28.020. They all consented to a chemical test of their breath to measure its alcohol content. An Intoximeter 3000 breath-testing machine yielded results indicative of intoxication in each case. The breath samples in each case were captured in a magnesium perchlorate tube (MPT), in an effort to comply with our decision in Anchorage v...

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