Alaska Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Alaska or Court of Appeals of Alaska where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
Page 1 2 3 4 5
Haynes v. State - 5/13/1998
3818 NOTICE
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3)....
Grober v. State - 5/8/1998
Order
Withdraw an
It is Ordered, Sua Sponte:
1. Opinion No. 4953, issued on March 6, 1998, is Withdrawn and Opinion No. 4981 is issued in its place.
2. The last paragraph on page 12 has been modified. ...
Mattice v. State - 4/29/1998
3807
NOTICE
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3)....
Castro v. State - 4/8/1998
MEMORANDUM OPINION AND JUDGMENT
Charles A. Castro appeals two separate convictions for driving while intoxicated, AS 28.35.030(a). In both cases, Castro argues that there was no probable cause for his arrest, and therefore the...
BALLARD v. STATE - 4/3/1998
This appeal requires us to decide whether the horizontal gaze nystagmus test, or "HGN" test, satisfies the standard for admissibility of scientific evidence established in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923),...
BAILEY v. MUNICIPALITY OF ANCHORAGE - 4/3/1998
Alaska Criminal Rule 45(c)(1) currently provides that, with certain exceptions not pertinent here, the time within which a defendant must be tried begins to run from the date the "charging document" is served upon the defendant. This...
Beaty v. State - 4/1/1998
MEMORANDUM AND JUDGMENT
Douglas W. Beaty was convicted, based upon his plea, of driving while intoxicated. AS 28.35.030. Because Beaty had been convicted two or more times within the five years preceding the date of his present...
Gilley v. State - 3/27/1998
Appeal from the Superior Court, Third Judicial District, Anchorage, William H. Fuld, Judge.
In 1997, Herbert James Gilley, Jr., was convicted of felony driving while intoxicated, AS 28.35.030(a), (n). Gilley had two prior felony...
Nathan v. Municipality of Anchorage - 3/27/1998
James G. Nathan appeals his conviction for driving while intoxicated, Anchorage Municipal Ordinance 9.28.020. After Nathan was arrested for DWI, he submitted to a breath test (which showed his blood- alcohol level to be .134 percent),...
Miller v. City and Borough of Juneau - 3/25/1998
MEMORANDUM OPINION AND JUDGMENT
Starla M. Miller was convicted of refusal to submit to a chemical test based on her no contest plea. Code, City and Borough of Juneau (CC&BJ; § 72.10.012(a). Miller preserved for appeal, in...
Doshier v. State - 3/18/1998
MEMORANDUM AND JUDGMENT
Driving while intoxicated, Pamela L. Doshier struck another car; she killed one person and seriously injured another. Convicted of manslaughter, AS 11.41.120(a), and second-degree assault, AS 11.41.210(a),...
Harrison v. State - 3/18/1998
MEMORANDUM AND JUDGMENT
Michael John Harrison was convicted of third-degree assault, AS 11.41.220(a)(1)(A), and first-degree vehicle theft, AS 11.46.360(a)(1). He received a composite sentence of 6 years' imprisonment with 3...
Adams v. State - 3/18/1998
MEMORANDUM AND JUDGMENT
John M. Adams pleaded no contest to criminal mischief in the third degree, a class A misdemeanor, and theft in the fourth degree, a class B misdemeanor. AS 11.46.484(a)(1); AS 11.46.150. District Court...
BILLMAN v. MUNICIPALITY OF ANCHORAGE - 3/13/1998
The two defendants, Timothy Billman and Tae K. Kang, were convicted of driving while intoxicated, Anchorage Municipal Code 9.28.020(A). On appeal, they assert that they were not brought to trial within the time limits of Alaska's...
Blanche v. Municipality of Anchorage - 3/11/1998
MEMORANDUM OPINION AND JUDGMENT
Thomas A. Blanche pled no contest to the municipal offense of driving while intoxicated. Anchorage Municipal Code (AMC) § 09.28.020. Blanche appeals the denial of his motions to suppress and to...
Biddinger v. State - 3/11/1998
MEMORANDUM OPINION AND JUDGMENT
MANNHEIMER, Judge, Concurring.
David E. Biddinger was convicted, based upon his plea of guilty, of robbery in the second degree, a class B felony. AS 11.41.510. Biddinger was a second felony...
Graham v. State - 3/4/1998
MEMORANDUM AND JUDGMENT
Richard B. Graham was convicted of three counts of contributing to the delinquency of a minor, AS 11.51.130(a)(1), for furnishing beer to three teenage boys, R.C., M.R., and M.P.. Graham was a licensed...
Almeter v. Municipality of Anchorage - 3/4/1998
MEMORANDUM AND JUDGMENT
Philip D. Almeter appeals his conviction for driving while intoxicated, Anchorage Municipal Code 9.28.020(A). He contends that the evidence against him was obtained as a result of an unjustified...
CLARK v. STATE - 1/30/1998
Larry G. Clark was convicted of two counts of attempted kidnapping, AS
11.41.300(a)(1)(C) and AS 11.31.100(a), two counts of attempted sexual abuse of a minor in the second degree, AS 11.41.436(a)(2) and AS 11.31.100(a), one...
Banister v. State - 1/28/1998
MEMORANDUM OPINION AND JUDGMENT
In 1993, Douglas R. Banister was convicted of second-degree sexual abuse of a minor, AS 11.41.436(a)(2) - sexual contact with a child under the age of thirteen. The victim was Banister's...
MCGHEE v. STATE - 1/23/1998
Robert M. McGhee's driver's license was administratively revoked following his arrest for driving while intoxicated (DWI). The revocation was enhanced to reflect two prior DWI convictions. McGhee subsequently obtained a court order...
SAKEAGAK v. STATE - 1/9/1998
William Arthur Sakeagak was convicted of first-degree murder, AS 11.41.100(a)(1)(A), and sentenced to 99 years' imprisonment. He appeals his conviction, arguing that three of the trial judge's evidentiary rulings were mistaken....
ROSS v. STATE - 12/26/1997
The offense of driving while intoxicated (DWI) has traditionally been a misdemeanor, but in 1995 the Alaska Legislature made this
offense a class C felony for defendants with two prior convictions for either DWI or...
TALLENT v. STATE - 12/26/1997
Paul A. Tallent was convicted of second-degree theft under AS 11.46.130(a)(6)(C). This statute provides that a theft of between $50 and $500 — an offense that would normally be third-degree theft — constitutes second-degree theft if...
WELLS v. STATE - 11/14/1997
Randy L. Wells was charged with felony driving while intoxicated (DWI) and driving while his license was suspended (DWLS). Wells asked the superior court to suppress the statements he had made to the arresting officer. Wells also...
GARCIA v. STATE - 11/14/1997
In these consolidated appeals, we must apply Alaska Criminal Rule 45(c) to a situation that is not specifically addressed in the rule. As we explain in more detail below, the three defendants in this case were each charged with...
DAVIS v. MUNICIPALITY OF ANCHORAGE - 9/19/1997
The Municipality of Anchorage undertook an in rem forfeiture proceeding against a vehicle owned by John K. Davis. This forfeiture action was prosecuted under former Anchorage Municipal Code (AMC) 9.28.026, an ordinance which declared...
HILLMAN v. MUNICIPALITY OF ANCHORAGE - 6/20/1997
Alexander Hillman pleaded no contest to driving while intoxicated, a violation of Anchorage Municipal Code § 9.28.020. Because Hillman had two prior convictions for this offense, the district court ordered forfeiture of Hillman's...
ISON v. STATE - 6/13/1997
Kyle C. Ison appeals the 2-year presumptive term he received for felony driving while intoxicated, AS 28.35.030(a) and 030(n); AS 12.55.125(e)(1). He questions the superior court's rulings on two of the mitigating factors listed in...
SORENSON v. STATE - 5/9/1997
Craig A. Sorenson pled no contest to a charge of criminally negligent homicide and a charge of driving while intoxicated. AS 11.41.130; AS 28.35.030(a)(1) & (2). Criminally negligent homicide is a class C felony. AS 11.41.130(b)....
STATE v. PAGE - 3/3/1997
ORDER
IT IS ORDERED:
The petition for hearing previously granted on April 22, 1996, is hereby DISMISSED as improvidently granted.
Entered by direction of the court at Anchorage, Alaska on March 3, 1997.
I....
FOXGLOVE v. STATE - 1/3/1997
On the morning of January 1, 1993, Roy K. Foxglove, Jr., was driving his snow machine at high speed through and around the village of Selawik. He was intoxicated from a night of New Year's celebration. Foxglove struck a twelve-year-old...
SNYDER v. STATE - 12/27/1996
I. INTRODUCTION
Dennis Snyder was arrested for driving while intoxicated (DWI). The police attempted to test Snyder's breath, but he did not blow hard enough into the Intoximeter machine to register a result. Both before and...
PETERSEN v. STATE - 12/20/1996
In these consolidated appeals, the three defendants challenge the constitutionality of Alaska's stalking statutes, AS 11.41.260 and AS 11.41.270. As explained below, we conclude that the statutes do not violate the Constitution, and...
KINNEY v. STATE - 11/29/1996
Dean C. Kinney was convicted of arranging a sale of liquor in a local-option community — a community where, by local vote, the sale of liquor was banned. AS 4.16.200(b). Kinney argues that his conviction is invalid because the jury...
HALO v. ANCHORAGE - 11/22/1996
I. INTRODUCTION
The Area G Home and Landowners' Organization, Inc. and three taxpayer-citizens (HALO, collectively) appeal the superior court's dismissal of their lawsuit. Their suit sought to prevent the Municipality of...
AARON v. CITY OF KETCHIKAN - 11/22/1996
William O. Aaron appeals his conviction for refusing to submit to a chemical test of his breath following his arrest for driving while intoxicated, Ketchikan Municipal Code § 10.40.040(d). Aaron's basic contention is that the City of...
HATHAWAY v. STATE - 11/1/1996
Lance Hathaway was convicted, following a jury trial, of nine counts of arson in the first degree, a class A felony, and eight counts of assault in the third degree, a class C felony. AS 11.46.400(a); AS 11.41.220(a). Superior Court...
JAVED v. DEPARTMENT OF PUBLIC SAFETY - 7/26/1996
On September 12, 1992, Anchorage Police Officers Culbreth, Dash, and Norsworthy responded to a complaint concerning a disturbance at 3800 Arctic Boulevard. Upon arriving, they found Tariq Javed tied to a post on the property. Javed...
MUNICIPALITY OF ANCHORAGE v. SKAGEN - 6/21/1996
William M. Skagen was charged with two violations of the Anchorage Municipal Code: driving while intoxicated, AMC § 9.28.020A, and refusing to take a breath test, AMC § 9.28.022C. While Skagen awaited trial, the Municipality...
STATE v. LAWLER - 6/21/1996
The state cited David B. Lawler for fishing with an undersized gillnet, in violation of 5 AAC 27.131(f). District Court Judge George L. Gucker dismissed the case, ruling that the former regulation defining the "stretched measure"...
O'CONNOR v. MUNICIPALITY OF ANCHORAGE - 12/15/1995
We renew our consideration of Michael R. O'Connor's appeal of his conviction for driving while intoxicated, Anchorage Municipal Code § 9.28.020. Having considered O'Connor's claims, we affirm his conviction.
To recapitulate the...
PUSICH v. STATE - 11/24/1995
Vicki Ann Pusich was sentenced to a total of 25 years' imprisonment with 7 years suspended (18 years to serve) for the crimes of manslaughter, AS 11.41.120(a), and first-degree assault, AS 11.41.200(a). She appeals this sentence,...
State v. Zerkel - 7/28/1995
BRYNER, Chief Judge, Concurring.
These consolidated appeals all involve defendants who were arrested for driving while intoxicated. In each case, the defendant either refused to take the breath test required by AS 28.35.031(a)...
Day v. Willis - 6/30/1995
Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Joan M. Katz, Judge.
The issue before the court is whether law enforcement officers owe a legal duty to fleeing offenders to refrain...
Alaska Cleaning Service v. Johnson - 7/23/1984
The Clean Air Act's (CAA or Act) Prevention of Significant Deterioration (PSD) program, 42 U. S. C. §7477, was designed to ensure that the air quality in "attainment areas," i.e., areas that are already "clean," will not degrade, see...
Page 1 2 3 4 5
|
|