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PRUITT v. STATE, DEPT. OF PUBLIC SAFETY

No. S-3991.

825 P.2d 887 (1992)

James T. PRUITT, Appellant, v. STATE of Alaska, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, Appellee.

Supreme Court of Alaska.

February 7, 1992.

Attorney(s) appearing for the Case

Robert Merle Cowan, Law Offices of Cowan & Gerry, Kenai, for appellant.

Teresa Williams, Asst. Atty. Gen., Anchorage, Charles E. Cole, Atty. Gen., Juneau, for appellee.

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

OPINION

RABINOWITZ, Chief Justice.

This is an appeal from the superior court's affirmance of the Department of Public Safety's revocation of James Pruitt's driver's license. The primary issue in this appeal is whether the Division of Motor Vehicles (DMV), Department of Public Safety (DPS) was bound by the District Court's ruling that Pruitt's due process rights were violated in regard to the criminal refusal to take a breathalyzer test charge which had been...

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