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STATE v. HAMILTON

No. A-10268.

216 P.3d 547 (2009)

STATE of Alaska, Petitioner, v. David G. HAMILTON, Respondent.

Court of Appeals of Alaska.

September 18, 2009.

Attorney(s) appearing for the Case

David L. Brower, Assistant Attorney General, Criminal Division Central Office, and Richard Svobodny, Acting Attorney General, Juneau, for the Petitioner.

Jane E. Sebens, Assistant City Attorney, Juneau, for amicus curiae City and Borough of Juneau (aligned with the Petitioner). Renee McFarland, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Respondent.

Before: COATS, Chief Judge, and MANNHEIMER and BOLGER, Judges.

OPINION

MANNHEIMER, Judge.

In 1971, the City and Borough of Juneau (a home rule municipality) enacted a traffic code. One of the provisions of that code, section 72.02.210(b), makes it unlawful for a driver to "accelerate a vehicle which is stopped, standing[,] or parked on or along a highway[,] or which is entering a highway, so rapidly as to unnecessarily cause the tires to squeal or spin".

At the time this provision was enacted, the Alaska...

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