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Mangiapane v. Municipality of Anchorage

3/19/1999

e v. Ray , AS 28.01.010(a) "prohibits municipalities from promulgating traffic laws that diverge from state law." We therefore "presume that the drafters of the municipal ordinances intended that the ordinances be intepreted in the same manner as the corresponding statutes."


For this reason, Judge Ashman properly declined to instruct the jury concerning the Intoximeter's inherent margin of error. This margin of error (the machine's "working tolerance") had no relevance to the jury's decision.


We thus conclude that neither of Mangiapane's appellate claims has merit. Accordingly, the judgment of the district court is AFFIRMED.






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