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SHADLE v. MUNICIPALITY OF ANCHORAGE

No. A-6127.

941 P.2d 904 (1997)

Danny P. SHADLE, Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee.

Court of Appeals of Alaska.

July 11, 1997.

Attorney(s) appearing for the Case

Richard D. Kibby, Anchorage, for Appellant.

Pamela Dale, Assistant Municipal Prosecutor, Carmen E. ClarkWeeks, Municipal Prosecutor, and Mary K. Hughes, Municipal Attorney, Anchorage, for Appellee.

Before BRYNER, C.J., and COATS and MANNHEIMER, JJ.

OPINION

MANNHEIMER, Judge.

Danny P. Shadle was arrested for driving while intoxicated (DWI), Anchorage Municipal Code 9.28.020(A), and was given a breath test; his blood-alcohol level was .227 percent, more than twice the legal limit. Shadle signed a form indicating that he did not wish an independent chemical test. The question in this appeal is whether Shadle's waiver of the independent test was knowing.

A defendant who is arrested for DWI...

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