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SNYDER v. DEPARTMENT OF PUBLIC SAFETY

No. S-9035.

31 P.3d 770 (2001)

Dennis SNYDER, Appellant, v. STATE of Alaska, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, Appellee.

Supreme Court of Alaska.

September 28, 2001.

Attorney(s) appearing for the Case

Robert John, Law Office of Robert John, Fairbanks, for Appellant.

Marilyn J. Kamm, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Dennis Snyder was convicted of driving while intoxicated and refusal to take a breath alcohol test, but in a previous decision we determined that Snyder's due process rights were violated by the police's failure to allow Snyder to obtain an independent blood alcohol test. We reversed and remanded both criminal convictions, instructing the lower court to presume that the results of such...

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