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Schoenthaler v. State6/28/2000
Was the portable breath test authorized?
Schoenthaler also claims that the portable breath test that Sergeant Lucking administered was not authorized by AS 28.35.031(b). But this claim is moot because the results of the portable test were not admitted at trial and because we have concluded that there was no probable cause for Schoenthaler's arrest even when the result of the portable breath test is considered.
Conclusion
The judgment of the superior court is REVERSED.
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