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Harris v. State9/27/2000
MEMORANDUM OPINION AND JUDGMENT
[No. 4280 - September 27, 2000]
Appeal from the District Court, Third Judicial District, Glennallen, Joel H. Bolger, Judge.
Following a jury trial, Morgan Harris was convicted of driving while intoxicated (DWI). Prior to trial, he moved to suppress the results of an Intoximeter test, asserting that he had been denied his right to contact and consult with counsel prior to deciding whether to submit to a breath test. Harris argued that the state could not show that he had asked for an unreasonable amount of time when he asked to contact an attorney. He also argued that a state trooper had interfered with Harris' right to contact an attorney when the trooper gave him inaccurate legal advice about the requirement that Harris give a breath sample for testing. Based on the parties' briefing - there was no evidentiary hearing - District Court Judge Joel H. Bolger denied the motion. Harris appeals, asserting that the judge erred when he denied the suppression motion. We affirm.
Facts and Proceedings
Because neither party requested an evidentiary hearing, Judge Bolger based his decision on the facts set out in the parties' opening pre-trial briefs. According to those briefs, on October 10, 1998, Harris was driving a motorhome on the Richardson Highway between Valdez and Glennallen. During his trip, he had mechanical problems, so he pulled into the Hub service station in Glennallen. As Harris neared the gas pumps, his motorhome ran out of fuel. Harris got out of the vehicle, and asked one of the employees if he could borrow a gas can. The employee provided Harris with a can, but saw that Harris was staggering and stumbling while walking. The employee also saw Harris nearly fall over while attempting to pump fuel into the gas can. Based on these observations, the employee called the Alaska State Troopers to report that an intoxicated driver was at the service station.
Alaska State Trooper Mark Ridling responded at approximately 5:30 p.m. He arrived as Harris was attempting to siphon gas from the can into the motorhome. Ridling contacted Harris and noticed that Harris had a strong odor of alcohol on his breath and person, exhibited poor balance, had slurred speech, and had poor manual dexterity. During this contact, Harris told Ridling that he had consumed two drinks earlier, and that he was driving to Anchorage.
Once Harris was done refueling his vehicle, he got into the driver's seat and started the engine. At this point, the trooper asked Harris to get out of the vehicle, and had him perform some field sobriety tests. Harris performed poorly on these tests, and he was arrested for DWI. Trooper Ridling then transported Harris to the Glennallen trooper post for an Intoximeter test.
After arriving at the post, Harris asked Ridling to "cut him some slack," said that his life would be ruined if convicted of DWI, and claimed that he would not drive any more that night if Ridling would release him. Trooper Ridling, however, checked Harris to ensure that nothing was in his mouth, and then started the fifteen-minute observation period; he also began preparing the Intoximeter for Harris' breath test.
Approximately twenty-two minutes into the process, Harris asked if he could use the phone. Although the Intoximeter was ready for Harris' breath sample, Ridling told Harris that he could use the phone, but warned him that he would need to provide a breath sample within the next few minutes. Ridling provided Harris with a telephone. For the next two and half minutes, Harris dialed several different phone numbers. He was unable, however, to contact anyone. Approximately twenty-five minu
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