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BARNEBEY v. DIVISION OF MOTOR VEHICLES

Supreme Court No. S-16844.

473 P.3d 682 (2020)

Jason BARNEBEY, Appellant, v. State of Alaska, DEPARTMENT OF ADMINISTRATION, DIVISION OF MOTOR VEHICLES, Appellee.

Supreme Court of Alaska.

Petition for Rehearing Denied May 18, 2020.

Attorney(s) appearing for the Case

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

Shelley J. White , Assistant Attorney General, Anchorage, and Jahna Lindemuth , Attorney General, Juneau, for Appellee.

Before: Bolger, Chief Justice, Winfree, Stowers, Maassen, and Carney, Justices.

OPINION

I. INTRODUCTION

A man was arrested for driving under the influence of alcohol. At the police station he was administered a breath test by a DataMaster testing instrument, which showed a result of .081 percent alcohol, above the .08 legal limit. The man elected to obtain an independent chemical test,...

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