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HAMILTON v. MUNICIPALITY OF ANCHORAGE

No. A-4913.

878 P.2d 653 (1994)

Gregg HAMILTON, Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee.

Court of Appeals of Alaska.

August 5, 1994.

Attorney(s) appearing for the Case

Michael B. Logue, Gorton & Associates, Anchorage, for appellant.

Tracy Gellert, Asst. Mun. Prosecutor, and Richard L. McVeigh, Mun. Atty., Anchorage, for appellee.

Before BRYNER, C.J., MANNHEIMER, J., and ANDREWS, Superior Court Judge.

OPINION

MANNHEIMER, Judge.

Gregg Hamilton appeals his conviction under Anchorage Municipal Code § 9.28.022 for refusing to submit to a breath test after he was arrested for driving while intoxicated. Hamilton argues that his refusal to take a breath test should be excused because he volunteered to take a blood test.

The parties agree concerning the facts of the case. Anchorage Police Officer Patrick Rider arrested Hamilton for driving...

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