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STATE v. WARD

No. A-7546.

17 P.3d 87 (2001)

STATE of Alaska, Petitioner, v. Walter Lee WARD, Respondent.

Court of Appeals of Alaska.

February 9, 2001.

Attorney(s) appearing for the Case

William H. Hawley, Jr., Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioner.

Frederick T. Slone, Kasmar & Slone, Anchorage, for Respondent.

Before COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

COATS, Chief Judge.

Walter Lee Ward was charged with felony driving while intoxicated (DWI).1 The district court granted Ward's motion to suppress his breath test results. The court ruled that the state had interfered with Ward's rights—based on evidence that the police had affirmatively told Ward that his blood sample would be "stored as evidence" until Ward or his...

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