Reekie v. Municipality of Anchorage

OPINION

BRYNER, Chief Judge.

A jury convicted Bruce G. Reekie of driving while intoxicated (DWI), Anchorage Municipal Code (AMC) § 09.28.020(A), and refusal to take a chemical breath test, AMC § 09.28.022(A). On appeal, Reekie contends that evidence of his alleged refusal should have been suppressed because the police denied him a reasonable opportunity to consult privately with his attorney. Reekie also argues the trial court erred when it admitted evidence of a prior refusal. We reverse.

While on routine patrol during the early morning of January 7, 1989, Anchorage Police Officers Gardner Cobb…