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STATE, DEPT. OF PUBLIC SAFETY v. CONLEY

No. S-1791.

754 P.2d 232 (1988)

STATE of Alaska, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, Appellant, v. Michele L. CONLEY, Appellee.

Supreme Court of Alaska.

April 15, 1988.

Attorney(s) appearing for the Case

Teresa Williams, Asst. Atty. Gen., Anchorage, Grace Berg Schaible, Atty. Gen., Juneau, for appellant.

Bruce F. Sherman, Jr., Anchorage, for appellee.

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

OPINION

COMPTON, Justice.

The state appeals from a superior court decision reversing revocation of a driver's license. The primary issue is whether, in order to find that a driver was in "actual physical control of a vehicle" while intoxicated, the hearing officer must find that the engine of the car was running.

I. FACTUAL AND PROCEDURAL BACKGROUND

On the evening of July 3, 1985, Lt. Kevin O'Leary of the Anchorage Police Department, while...

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