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FYFE v. STATE

No. A-11058.

334 P.3d 183 (2014)

Linden Karl FYFE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

August 29, 2014.

Attorney(s) appearing for the Case

Kelly Taylor , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for the Appellant.

Mary A. Gilson , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for the Appellee.

Before: MANNHEIMER, Chief Judge, ALLARD, Judge, and HANLEY, District Court Judge.

OPINION

ALLARD, Judge.

Linden Karl Fyfe was charged with felony driving under the influence based, in part, on a Datamaster test showing that his blood alcohol level was .117 percent. At trial Fyfe raised the defense of necessity, arguing that his driving was justified because his girlfriend's daughter had been rushed to the hospital after an apparent seizure. The jury rejected that defense and convicted Fyfe.

The superior court sentenced...

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