Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dennis v. State, Dep't of Admin.

Supreme Court of Alaska

March 21, 2014

DANIEL V. DENNIS, Appellant,
v.
STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION, DIVISION OF MOTOR VEHICLES, Appellee

Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Michael A. MacDonald, Judge. Superior Court No. 4FA-11-02914 CI.

Kenneth L. Covell, Fairbanks, for Appellant.

Andy Harrington, Assistant Attorney General, Fairbanks, and Michael C. Geraghty, Attorney General, Juneau, for Appellee.

Before: Fabe, Chief Justice, Winfree, Stowers, Maassen, and Bolger, Justices.

OPINION

BOLGER, Justice.

I. INTRODUCTION

A motorist was arrested for driving under the influence of alcohol and submitted to a breath test tat indicated his breath alcohol concentration was over the legal limit. The motorist challenged the revocation of his driver's license at a hearing before the Division of Motor Vehicles, arguing that the breath test instrument's calibration was not properly verified. The hearing officer concluded that the scientific director of the Department of Public Safety followed the controlling regulation by providing for this verification to be performed automatically. The superior court agreed with the hearing officer and we affirm.

II. FACTS AND PROCEEDINGS

Daniel Van Dennis was arrested for driving under the influence of alcohol and submitted to a chemical test, which showed that his breath alcohol concentration was over the legal limit. Dennis received a notice of the revocation of his driver's license, and he requested a hearing to contest the revocation. Before the hearing, Dennis filed a motion to suppress the breath test result, arguing that the verification report for the instrument's calibration did not comply with the controlling regulation.

The verification report at issue was signed by the Scientific Director of the State Breath Alcohol Program, stating:

(1) I am a Forensic Scientist IV for the State of Alaska Scientific Crime Detection Laboratory.
(2) The Alaska Scientific Crime Detection Laboratory is an entity within the Department of Public Safety.

Page 1151

(3) I am the Scientific Director of the State Breath ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.