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GUNDERSEN v. MUNICIPALITY OF ANCHORAGE

No. S-3219.

792 P.2d 673 (1990)

Dale M. GUNDERSEN, Petitioner, v. MUNICIPALITY OF ANCHORAGE, Respondent.

Supreme Court of Alaska.

Rehearing Denied July 30, 1990.

Attorney(s) appearing for the Case

William Grant Callow, Anchorage, for petitioner.

Elaine Vondrasek, Asst. Mun. Prosecutor, and Richard D. Kibby, Mun. Atty., Anchorage, for respondent.

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

OPINION

MOORE, Justice.

This case involves the scope of a person's due process right to challenge the result of a breath test that the police administer after the person is arrested for driving while intoxicated. We have held that in order to introduce the result of the police-administered breath test in evidence, due process requires that the state preserve a sample of the defendant's breath for independent testing. The issue in this case is whether the...

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