(Download) "Evans Ahsogaek v. State Alaska" by Court Of Appeals Of Alaska ~ Book PDF Kindle ePub Free
eBook details
- Title: Evans Ahsogaek v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 15, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
COATS, Judge. OPINION Evans Ahsogaek was charged with driving while intoxicated for driving with a blood alcohol level of .10 percent or more, in violation of AS 28.35.030(a)(2). According to the complaint a breathalyzer examination showed that Ahsogaek had a blood alcohol level of.27 percent. Prior to trial the defendant asked the court for a protective order preventing the state from admitting into evidence the results of the breathalyzer examination. The defendant argued that the results of the breathalyzer test should be inadmissible because the records for the breathalyzer instrument showed that it had been calibrated at an interval of sixty-one days. 7 AAC 30.050 requires the breathalyzer to be calibrated at an interval not to exceed sixty (60) days. Ahsogaek's breathalyzer test was administered on August 25, 1981. The instrument used to test Ahsogaek's breath was calibrated on July 6, 1981 and September 6, 1981. The trial court found that there had been substantial compliance with 7 AAC 30.050 and denied the defendant's motion for a protective order. The defendant subsequently entered a Cooksey plea. Cooksey v. State, 524 P.2d 801 (Alaska 1974). The court found that the denial of the protective order was a dispositive issue. We find that the trial court did not abuse its discretion in determining that there had been substantial compliance with 7 AAC 30.050. The court therefore did not err in denying the protective order.