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STATE v. SWENSON

No. A-10732.

259 P.3d 485 (2011)

STATE of Alaska, Petitioner, v. Edwin J. SWENSON, Respondent.

Court of Appeals of Alaska.

As Corrected on Denial of Rehearing August 2, 2011.

Attorney(s) appearing for the Case

Ann B. Black , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, for the Petitioner.

Frederick T. Slone , Kasmar and Slone, P.C., Anchorage, for the Respondent.

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

OPINION

COATS, Chief Judge.

Edwin J. Swenson is charged with felony driving under the influence.1 On Swenson's motion, the superior court suppressed the evidence of Swenson's breath test result because the test was not administered on a breath test instrument that had been maintained in strict compliance with Department of Public Safety regulations. We granted the State's petition for review of that decision. We conclude...

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